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Georgia Last Will and Testament Template

Create your last will and testament forms easily from home and in under an hour with FindLaw’s guided process.

Quick, simple, reliable Georgia Will forms

If you die without a will, the Georgia probate court will follow Georgia’s intestate succession laws to distribute your property. Under intestacy laws, your spouse and children are generally the first to inherit from you. If you are not married and have no children, a probate court will move down a list from close relatives to more distant relatives until it finds someone who can inherit from you.

Having a will allows you to distribute your property to your loved ones and charitable organizations as you see fit, including determining what age beneficiaries can access their inheritance, and explicitly disinheriting individuals you do not wish to inherit. For parents, it is also important to have a will so you can name the person who will care for your children after you die.

Download our free sample Georgia last will and testament template in PDF and Word format. You can download, edit, and print the sample forms on this page.

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Jeff_Burtka_image

Written by:

Jeff Burtka, Esq.

Contributing Author

Reviewed by:

John Devendorf, Esq.

Contributing Author

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Georgia last will and testament options to suit your needs

Basic Will

A last will template that covers the essentials

FREE

Template has limited personalization

What’s included:
  • A fillable template that meets basic needs
  • Compliant with your state’s laws

Last Will and Testament

For One Person

A do-it-yourself last will that’s easy to personalize.

$79
What’s included:
  • Step-by-step guided process
  • Attorney-approved document compliant with your state’s laws
  • A last will and testament that’s customized to your wishes
  • Free changes and revisions to your will for up to one full year after purchase

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Estate Planning Package

For One person

All the forms you need to create a personal estate plan

$135
What’s included:
  • Last will and testament
  • Health care directive
  • Power of attorney
  • Free HIPAA release form
  • A comprehensive plan — for less
  • Free changes and revisions for up to one year after purchase

How It Works

It only takes minutes to control your future. Need help? Contact one of our directory attorneys.

Create an account

Create a secure account which is accessible through an easy dashboard you can access any time.

Gather information

You will need a list of your assets, contact information for important people, and any wishes you want to be honored when you’re gone.

Complete your documents

Answer all questions, then we’ll generate your digital documents for downloading, printing, and signing.

Make it legal

Carefully follow the instructions provided in the form, which may include signing your documents in front of witnesses or a notary.

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Plan for your future with confidence

This free guide will help you:

  • Learn the most common estate planning terms

  • Understand the essential estate planning tools

  • Gather critical information with an estate planning checklist

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How do I create a valid Georgia will?

When using a last will and testament form or template, follow these steps:

Choose an executor

Choosing a personal representative is an important decision because they will manage your assets after you die. You also should choose one or more alternates in case your first choice is unable to serve.

Your personal representative or executor must be responsible and trustworthy. They should understand and agree to the responsibilities of the role. Some of the personal representative’s responsibilities are:

  • Identifying and managing your probate assets
  • Notifying your beneficiaries and creditors about the probate process
  • Using estate funds to pay bills and taxes for your estate
  • Distributing your assets to beneficiaries in accordance with your will

Your personal representative also can use estate funds to hire professionals, such as attorneys and accountants, to help them with the probate process.

List your beneficiaries and your assets

Beneficiaries are the people or organizations that receive assets or property from your estate. You should identify the names and addresses of your beneficiaries to help your executor locate them and distribute the property. Beneficiaries can include family members, friends, loved ones, organizations, charities, or churches.

Make a list of your assets, including real estate, money in bank accounts, personal property, and investments. Determine which items you will distribute through your will and how you plan to allocate the property to which beneficiaries.

There are some assets that are not distributed by the will, including life insurance and retirement plans. Generally, these assets pass directly to the named beneficiaries.

List your debts

A will provides for distributing your assets but any debts may be required to be taken out of your estate before distributions are made. By providing a list of your debts, it can help your executor more quickly handle your estate in probate. Debts may include mortgages, personal loans, and medical debt.

Name guardians for your children

You can name a guardian for your minor children in your will. A court must approve your choice in case the proposed guardian is unfit. You also should name alternate guardians if your first choice cannot serve.

Your child’s guardian will make choices about your child’s education, health, and welfare and will have legal custody of your child. You should speak with your prospective guardian to ensure they want the responsibility of raising your child and that they share your values.

Sign your will

A last will and testament is a legal document that must be executed in compliance with Georgia law for it to be valid. Your will must be in writing, and you must sign the will or direct another person to sign it in your presence. Two or more witnesses must witness the signing and sign the will. The witnesses must be competent and at least 14 years old. Your witnesses should not be beneficiaries of your will.

Distribute and store your will

After you create a will, you should inform your family about the will and give a copy to your executor. You should keep the original in a safe place, like a safety deposit box, or have your lawyer hold onto a copy. You should also keep a copy in a safe where a family member has access.

You may want to speak with a lawyer if you:

  • Have a past divorce, blended family, or other complex family situation
  • Have a high-value estate
  • Own a business
  • Want to create a special needs trust
  • Want legal review of your completed will
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Georgia last will and testament frequently asked questions

To make your Georgia will valid, it needs to be signed in front of two witnesses, who also sign the will. The testator has to be at least 14 years old and of sound mind. The witnesses have to be competent and at least 14 years old. The witnesses should not be beneficiaries of your will.

You do not need a law firm to make a will. Our last will and testament forms provide you with all the information you need to make a valid Georgia will.

FindLaw is not a law firm, and the forms are not a substitute for the advice or services of an attorney. If you have children with special needs, have a large net worth, or have specific legal questions, you should ask a Georgia estate planning attorney for legal advice. A lawyer also can create an entire estate plan with other documents, such as a power of attorney or living trust.

If you hire an attorney, you should know that attorneys charge varied rates for wills. Some attorneys charge a flat fee for a will, but others may charge an hourly rate. Rates depend on factors such as the complexity of your family or assets and the going rate in your city. For a will in Georgia, an attorney may charge $200 or more per hour. FindLaw’s will forms allow you to create a will through a simple process at a lower price.

power of attorney is different from an executor. A power of attorney only has authority while you are alive. Many people designate a power of attorney for a living will. A living will provides for your healthcare decisions and medical treatment when you are incapacitated or suffering a terminal condition. However, a living will does not provide for the distribution of your assets after death.

A handwritten will can be valid if it is properly witnessed by two witnesses. However, a handwritten will may be more difficult to decipher and subject to interpretation. Using a form can get rid of any confusion about your intent.

A holographic will is a handwritten will that is in the testator’s handwriting and signed only by the testator with no witnesses. Holographic wills are not valid in Georgia.

It is helpful to make a self-proving will. Unless the court has proof of fraud, forgery, or other improper conduct, it will admit a self-proving will without requiring witnesses to testify. To create a self-proving will, you and your witnesses will sign affidavits before a notary public about your capacity to sign the will. The affidavits should be substantially similar to the self-proving affidavit in the Georgia statutes.

You can change your will by drafting an amendment to a will called a codicil. You must execute it in the same manner and with the same number of witnesses as your will. Codicils are fine for minor changes, but you should create a new will if you have substantial revisions.

Under Georgia law, you can revoke a will by any of the following methods:

  • Destroying it with the intent to revoke it
  • Executing a new will that states it revokes prior wills
  • Executing a written revocation that is executed in the same manner as a will

Destroying a will can create doubt about your intent to revoke the will. It is always safer to execute a written revocation or a new will that clearly states it revokes all prior wills and codicils.

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