Frequently Asked Questions About Wills In Georgia

Who needs a will?

Certainly, anyone with children should get a will to assist in establishing guardianship in the event of the death of parents. A will is extremely important for administrative purposes for those spouses and heirs who must deal with property issues such as real estate transfers, business and vehicle transfers, life insurance policies, bank accounts, and income tax purposes. 

Further, anyone who wants to control how their property is disposed of after their death should get a will. Georgia has "default" intestacy rules that will distribute your property for you, if you fail to make a will. Specifically, if a husband fails to provide for his wife in his will, his property can be divided between his wife and his children, even if they are not minors. These rules may or may not be in keeping with your wishes or your spouse's wishes for your property disposition.  


Why would you want a will?

With a will, you control who takes your property. However, keep in mind that a will can not violate public policies. You will be able to choose the executor of your estate, as well. Without a will, Georgia's intestacy statutes may apply allowing your property to go to someone who you may not want to get your property. Further, the court would have the power to appoint an administrator to handle your estate. 

Further, a will can help you plan for the future and may help you avoid some unnecessary expenses, including estate taxes. After death, there is little one can do to avoid estate taxes. A will can help you properly plan your estate to maximize the amount of property your heirs will receive. 

A will can also make probate of the estate faster, easier and cheaper using different techniques such as self proving affidavits, bond waivers, report filing waivers, etc. 

What are the requirements for making a will? 

While in each state the requirements can be different, in Georgia the minimum requirements are:

1. You must be 14 years of age;
2. You must have sufficient clarity of mind to understand the nature of a will and your property; 
3. The will must be in writing;
4. You must sign or acknowledge the will in the presence of at least two witnesses who do not receive property under your will;
5. And these witnesses must sign in your presence. 

Does a will increase the costs of probate? 

No. In Georgia, the costs of probate are extremely reasonable, and making a will can reduce these costs further compared to the costs of intestate estate administration which occurs when you die without any will at all. 

How long is a will valid? 

A will becomes binding at death. Before death, a will can be changed or amended and in fact, should be updated periodically. Depending on the circumstances, the birth or adoption of a child, death of a family member, divorce or marriage and moving to Georgia from out-of-state may change the substance of a will. Therefore, the will should be updated after any of these events. 

It is extremely important to note that a will's terms can not be changed by simply writing something on it or crossing something off of it. If you want to change the terms of your will, you should contact our office for an update or else the entire will may be invalidated. 

Can I make my own will to save money?

Not advisable. Drafting a will and planning your estate involves making decisions requiring professional judgment which can be obtained only by years of training and study. Our firm has many years of experience in handling wills, and can best prepare your estate and will to suit your particular needs. Trying to save money by creating your own will could, and frequently does, result in many problems such as making an invalid will and failing to save probate or administrative costs.