When you create a Will in Georgia, you must make sure it is valid. The probate court determines the validity of a Will based on the statutes. If the probate court finds that your Will is not valid, it processes the Will as if you were to die intestate – without a Will.
Statutory Requirements for a Valid Will
Georgia statutes require that your Will must be in writing and signed. You can sign the Will yourself, or you can have someone sign your Will for you as long as you are present and direct them to do so. If you use a mark, you can also sign the Will with your mark.
You must have two people witness your signature or mark. Witnesses must sign your Will themselves – they cannot have another person sign for them. Georgia law states that witnesses must be at least 14 years old, but to remove any question of validity, we recommend that your witnesses are at least 18 and of sound mind.
If your witness is also a beneficiary, you must have two additional witnesses. It is best to have two witnesses who are not beneficiaries under your Will.
If you make a codicil, the codicil must also be written and signed in the same manner as the Will.
Additionally, the person making a Will must have knowledge of the contents of the Will. If you do not know what is in your Will, the probate court could deem it as an invalid Will. If you can read, your signature attests that you know what is in your Will.
If Your Will Is Not Valid
If the probate court finds that your Will is not valid, it will treat your estate as if you died intestate. This means that your beneficiaries might not be the same as dictated by intestate law. For example, if you decide to disinherit your spouse, but your Will is deemed invalid, your spouse will get at least one-third of your estate if you have children and 100 percent if you do not have children.
Contact our Georgia estate and trust attorneys at Grissom Law, LLC to help you create a valid Will and estate plan.
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.