Georgia Last Will and Testament Template

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.

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.

A 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.