A Georgia last will and testament is a legal document that outlines the distribution of a testator’s (person to whom the will belongs) real estate, personal property, fiduciary funds, and even digital property after their death. Testators can designate their chosen beneficiaries on the will document and stipulate instructions regarding the amount or portion of the estate each shall receive. Wills are crucial when distributing the testator’s estate among spouses, children, friends, blood relatives, and even charitable organizations. Under Georgia law, wills require two (2) witnesses be present when the testator executes and signs the will into effect. Both witnesses will consequently sign after they acknowledge the testator’s signature. Though optional, a testator can have the will notarized as well.
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Laws
Definition – § 53-1-2(17) – “Will” means the legal declaration of an individual’s testamentary intention regarding that individual’s property or other matters. Will includes the will and all codicils to the will.
Signing Requirements (GA Section 53-4-20) – Two (2) or more credible Witnesses.
Statutes – Title 53. Wills, Trusts, and Administration of Estates
(Video) How to Make a Will in Georgia
How to Write
Step 1 – Establishment of the Testator -Write or type the full legal name of the testator (the person for whom the will is being established) at the top of the document. You would then enter the following information:
- Name of Testator
- City of Residence
- County of Residence
- Testator must carefully review the remainder of the paragraph as well as the Expenses and Taxes section
Step 2 – Nomination and Appointment of Personal Representative (Executor)–
- Enter the full legal name of the executor
- Name of executor’s city
- County
- State
Alternate Executor – just in the event the initial representative becomes unable or unwilling to serve as the initial chosen representative to the estate
- Enter the full legal name of the alternate executor
- Name of executor’s city
- County
- State
Step 3 – Disposition of Property to Beneficiaries –
1 st Beneficiary
- Full legal name
- Current address
- Relation to testator
- Enter the last four digits of their SSN
- Enter the property being bequeathed
- AND
2nd Beneficiary –
- Full legal name
- Current address
- Relation to testator
- Enter the last four digits of SSN
- Enter the property being bequeathed
- AND
3d Beneficiary –
- Full legal name
- Current address
- Relation to testator
- Enter the last four digits of SSN
- Enter the property being bequeathed
The Testator must review the remaining information pertaining to how property is distributed in the event any member of their group of beneficiaries pre-decease the testator.
Step 4 – Testator must carefully review the following sections prior to any application of signatures:
- Omission
- Bond
- Discretionary Powers of Personal Representative A through K
- Contesting Beneficiary
- Guardian Ad Litem Not Required
- Gender
- Assignment
- Governing Law
- Binding Arrangement
Step 5 – Signatures/Witnesses – All signatories must be present prior to any signing of this documentation. Enter the following:
- Enter the testator’s name
- Date of testator’s signature in dd/mm/yyyy format
- Testator Signature
- Testator (Printed Name)
Witnesses – The witnesses must review the brief statement –
- Date the document in dd/mm/yyyy format
- Enter the name of the testator
Witness 1 –
- Witness Signature
- Address
Witness 2 –
- Witness Signature
- Address
Step 6 – Testament Affidavit – All parties must review the affidavit and complete the following:
- State
- County
- Name of testator
- Name of Witness 1
- Name of Witness 2
- AND ENTER
- Testator Signature
- Witness 1 Signature
- Witness 2 Signature
Step 7 (Optional) – Notarization – As the notary public has witnessed all signatures they shall complete the remainder of the document and authenticate it by affixing their commission and state seal
Related Forms
Download: Adobe PDF
Durable (Financial) Power of Attorney
Download: Adobe PDF