UNDERSTANDING THE LEGAL REQUIREMENTS FOR A VALID WILL IN GEORGIA

Hello, Georgia residents! Whether you're just beginning to think about estate planning or you're well on your way, it's important to understand the legal requirements for a valid will in our state.

In Georgia, the testator, or the person making the will, must be at least 14 years old. This is considerably younger than many other states, where the minimum age is 18. The testator must also be of sound mind, meaning they understand the nature and extent of their property and the identity of those who are to inherit it. A valid will in Georgia must be written. While oral wills, called "nuncupative wills", can be made in Georgia, they are subject to many restrictions and are generally not recommended.

The will must be signed by the testator (the individual who’s will it is) or by another person at the testator's direction and in their presence. It must also be signed by at least two competent witnesses. These witnesses should be individuals who are not related to the Testator and will not inherit anything under the will, as their inheritance could be challenged.  It is also best that the witnesses not be any individual named as Executor under the terms of the will. They must sign the will in the testator's presence.  This also means the Testator must sign in their presence.

You may also have a Self-Proving Affidavit included with your will.  While it is not required for the will to be valid, it can be helpful in the probate process once the Testator has passed away.  The Self-Proving Affidavit will include a notary public affidavit attesting that the Testator and the two competent witnesses signed the document in each other’s presence and bear the Notary Public’s signature and seal.  If your will does not contain a Self-Proving Affidavit, you will want to make sure to have valid addresses and phone numbers for the two witnesses as they will be required to complete documents when the probate petition is filed with the local probate court.  It is a best practice to make sure you keep the names, phone numbers, and addresses of the witnesses updated so they can be easily located when it is time to probate the will.

Remember, making a will is a significant and important task and legal advice and professional drafting services can be invaluable. Be sure to consult with Your Hometown Attorney to make sure your Georgia will meets all the legal requirements and truly reflects your wishes.