gtag('config', 'UA-18022430-3'); Skip to main content

Georgia Wills Lawyer

Life is full of surprises. That’s why it’s important to make arrangements for the future. And the first step is to consider what important documents to have in order, so that your family is well-prepared no matter what happens.

One of the most important documents to consider preparing is a last will and testament.

Although a will is often created as part of the estate planning process, it is possible to have a will made on its own.

For such an important document, it’s crucial that you work with an experienced Georgia estate planning lawyer. Our attorneys at Marietta Estate Planning are ready to help you make the necessary arrangements to secure you and your family’s future.

”All my questions were answered and now I know what direction we should pursue in our estate planning. The Marietta Estate Planning team was professional, polite, and gave all the information in an easy to understand way without condescension.

~ Ginger C.

What is a Will?

A will is a vital piece of the estate planning process. An official legal document that your estate planning lawyer can help you create, a will acts as the instructions on what to do with the properties, possessions, and assets of a person when they have passed.

A will also can be the place to outline what plans a parent or guardian may have for the minors in their family, or how a person would like their funeral conducted.

In Georgia, a will can be changed or revoked at any time before the person’s death.

Call to schedule your consultation

Here are some important things to know about wills in Georgia:

  • A person who writes a will is called a testator
  • Wills only become active after the testator’s death
  • Wills can end up being part of the probate process (a court-supervised legal
  • process to distribute a person’s estate)
  • Families can contest a will
  • Wills can name guardians for the testator’s minors
  • Wills permit picking a representative for the testator’s estate
  • Wills are easier to create than trusts

What are the Requirements for a Will to be Valid in Georgia?

There are certain qualifications necessary to create a valid will. All of these conditions must be met or else the state of Georgia will not recognize the will as a legitimate legal document.

  • The testator must be 14 years of age or older
  • The testator is competent (and is writing of their own free will)
  • The will is written or typed, not dictated or recorded
  • The will is signed by the testator
  • The will is signed by two witnesses (aged 14 years or older)

If all of these conditions are met, a Georgia will can be considered valid.

In Georgia, a will does not necessarily have to be notarized; however, notarization may be beneficial for probate purposes.

Contents of a Will in Georgia

A will contains whatever assets the testator wants to allocate, and to whomever the testator wants to allocate them.

Assets can include:

  • Property,
  • Cash,
  • Stocks and bonds,
  • Business ownership,
  • Intellectual property,
  • Jewelry,
  • Cars,
  • Other physical possessions, etc.
  • Property,
  • Cash,
  • Stocks and bonds,
  • Business ownership,
  • Intellectual property,
  • Jewelry,
  • Cars,
  • Other physical possessions, etc.

The people whom you want to give your assets to are called beneficiaries. They can include family, friends, and organizations like non-profits, etc. It is important to note that the witnesses who sign your will are unable to also be beneficiaries.

Organizing your will effectively is where the help of an attorney can be essential. Attorneys like our team at Marietta Estate Planning can help determine the best means for distributing assets. We can also find a tax-efficient way to get the most out of your effects and provide your beneficiaries with as much as possible.

What Happens if I Decide Not to Make a Will?

If you decide not to make a will, then your assets will be distributed to your closest relatives according to Georgia’s “intestacy” laws.

If you have no living relatives, by blood or marriage, your assets will be seized by the state of Georgia.

Want to plan for your future but not sure you want to create a will? Our team at Marietta Estate Planning is here to help you with all your estate planning needs, like:

  • Health Care Directives
  • Power of Attorneys
  • Trusts
  • LGBTQ estate planning

The best time to put your family’s plan into place is now.

Call to schedule your consultation

Contact Marietta Estate Planning Today

While you can never know what the future holds, you CAN put a plan in place today so that you are able to make critical decisions if anything does happen.

 

Contact Marietta Estate Planning to help you write your will and make sure all of your assets are distributed exactly the way you want.

* While this website provides general information, it does not constitute legal advice. The best way to get guidance on your specific legal issue is to contact a lawyer.

To schedule a meeting with our team, please complete the intake form.