We are frequently asked about whether clients can execute their Will electronically. An electronic Will is written, signed and notarized electronically. Georgia does not recognize electronic Wills of any type. With most law offices going digital and most individuals having access to the internet, electronic Wills are becoming popular in some states. However, a Will, or any other estate document for that matter, must be proven. It is harder to prove electronic documents as anyone could affix a signature.
Georgia Laws Regarding Electronic Wills
While electronic Wills are not valid in Georgia, lawmakers have been discussing the possibility of having them. Currently, a will must be:
- In writing (handwritten or typed).
- Signed by the testator or by some other individual in the testator’s presence and at the testator’s express direction.
- Witnessed (attested and subscribed in the presence of the testator) by two competent people.
Georgia does not require a Will to be notarized, but the presence of a notarized self-proving affidavit lend more credibility to the Will during the probate process because the affidavit addresses compliance with the requirements of execution.
Additionally, holographic wills – those that are handwritten and signed by the testator but not witnessed or notarized – are not legal in Georgia.
You can keep a copy of the written, signed and witnessed Will on your computer, but it should be scanned as a PDF file and used for reference only. The probate court will require the original Will with wet signatures. In the event the original Will cannot be located, a copy may be proved through additional steps.
Contact our Georgia Estate Planning Attorneys
If you need a will or help creating an estate, contact our Georgia estate planning attorneys at Grissom Law, LLC today for a consultation.
Disclaimer
This Blog/Web Site is made available for educational purposes only as well as to give you general information and a general understanding of the law, not to provide legal advice. By using this blog site you understand that there is no attorney-client relationship between you and Grissom Law, LLC.