Add Checkbox Fields Legal Georgia Pour Over Will Forms For Free

In Georgia, a valid will must be in writing and signed by either the person making the will or someone designated by the person making the will. It does not have to be notarized or submitted to a probate court in advance. A will prepared in another state may be valid in Georgia if it meets certain requirements.

Vague Language: Often, wills are invalidated due to ambiguous terms that can be interpreted in multiple ways. To prevent this, use clear and specific language when describing your assets and to whom they should go. Improper Witnessing: In Georgia, a will must be signed in the presence of two competent witnesses.

Fraud – The decedent was deceived into creating a new will, amending their will or revoking their will. Forgery – A decedent's will was fraudulently signed by someone other than the decedent. Lack of Due Execution – The legal protocol for executing a will was not followed precisely.

Two witnesses must sign the will (Georgia Code § 53-4-20(b) and § 53-4-22(a)). Holographic wills, which are wills that are handwritten and signed by the testator but not signed by two witnesses, are not valid in Georgia.

Advantages of Trusts Over Wills in Georgia Privacy: Wills become public record when they go through probate court, while trusts remain private documents between the grantor and beneficiary(ies). This can help protect the privacy of those involved in the estate planning process.

In Georgia, for instance, a smaller estate might be better served by a will due to its simplicity and lower upfront costs. However, individuals with larger estates might prefer a trust for its potential to avoid probate and provide privacy.

When is a trust beneficial? A will is the simpler option for estate planning, but it needs to go through probate after you pass away, which can take time. Assets in a trust don't need to go through probate and can be distributed ing to the trust's terms more quickly, explains Williams.

In Georgia, common grounds for contesting a will include undue influence, fraud, improper execution, or the testator's lack of mental capacity.

Therefore, while having a handwritten note notarized does not constitute a valid will, a notary can play a role in simplifying the probate process, provided that the self-proving affidavit contains all necessary elements to comply with Georgia law.