For a Will to be valid in Georgia, it must meet several legal requirements. If you have a Will that you want to change, even if you tell people you want to change it your old Will is the only valid Will you have until you execute a new Will or Codicil to your Will. The requirements for a valid Will in Georgia include your signature on a document that is in writing and that is witnessed by two witnesses.
Your Will Must Be Written
While the courts will generally accept a handwritten will, it should be typed for clarity. If the will is handwritten but doesn’t have signatures, also known as a holographic will – it is not valid in the state of Georgia. A verbal will, or a nuncupative Will, is also not valid unless two witnesses take oaths that they were present at the time the Will was spoken, and that the testator was made in a time of last sickness. Even these Wills are rarely accepted.
You Must Meet the Age Requirement
Georgia requires a testator be at least 14 years of age, unlike most states that require a person to be 18, to write a Will.
Your Signature
You, the testator, must sign the Will with your name, another name that you use to authenticate documents or your official mark. Another person can also sign the Will for you, under your direction if you are physically unable to sign for yourself.
Witness Signatures
You must have two witnesses witness your signature. They have to personally witness you signing your last will and testament. A witness cannot have a stake in the will. They must be of sound mind and should be at least 18 years old.
Does a Will Have to Be Notarized?
You do not have to notarize a Georgia will unless your will is a self-proving will. However, you must have two witnesses. If you have a self-proving will, the court doesn’t have to contact the two witnesses, which speeds up the probate process.
You Must Be Competent
Finally, you must be of sound mind when you create a will. This means you have the rational desire to create a will disposing of your property and you are writing the will freely and voluntarily.
Contact a Georgia Estate Attorney
If you need to create or modify an estate plan, contact us at Grissom Law for a consultation. Our estate and trust attorneys will assist you in preparing your Will.
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.