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How to Create a Valid Will in Georgia

Creating a valid will in the state of Georgia has a long and complicated process that involves a number of steps and requirements. Failure to meet these requirements results in an invalid will that could leave someone’s money left hanging in the air. To learn more about how to create a valid will and enlist the help of a Georgia estate law attorney, please reach out to Goldberg & Associates today.

The Criteria for Valid Will Creation in the State of Georgia

There are a number of different criteria that one needs to meet in order to create a valid will. This is essential to individuals hoping to leave their property and assets to friends, family, or other organizations. Other important duties covered in a will is the ability to name a personal guardian to care for underage children, and even a trusted individual to manage a property that you leave to the children themselves.

Failure to leave a will can have lasting impacts on the family members someone hopes to pass along their property to. In the state of Georgia, intestacy laws are enacted to give your property to the closest relatives, beginning with your spouse and children. If there are no spouses or children, grandchildren and parents will obtain rights to the property. If someone hopes to allocate specific amounts of their assets to their family members, a will is absolutely necessary.

Competency Requirement

Someone who’s creating a will must be competent to do so. For a will to be valid in the state of Georgia, the person writing the will must have testamentary capacity. Georgia Code defines this as “a decided and rational desire to create the will.” They also must be able to do this “freely and voluntarily,” protecting individuals from malicious friends and family members who may be trying to take advantage of an incompetent individual.

Writing and Signature Requirements

In some areas of the world and in other states, oral wills are a valid type of will. In Georgia, this is not the case. A well must be written or typed by hand. Another type of whale that is not allowed or those that are filmed on video.

Furthermore, there are certain signature requirements laid out by Georgia code. The testator themselves must sign their own will. A mark, sign, or printed/signed name are all admissible types of signatures. individuals that are restricted in movement and or unable to physically sign the wall themselves can ask someone to sign the will on their behalf. In addition to the testator, two witnesses must also sign the will.

Age Restrictions

Finally, there are certain age restrictions placed upon a will in Georgia. According to state law, the testator needs to be at least 14 years or older to create a will. In addition to the testator, the two witnesses that observe the signing of the will must also be at least 14 years of age.

Why You Need Goldberg to Help With Will Writing

Thousands of people make the mistake of not enlisting the help of attorneys when writing their wills. Within a will, a large amount of sensitive information must be in compliance with legal terminology in order to properly interpret it and the judicial system. Enlisting the help of a Georgia estate law attorney from Goldberg & Associates will help ensure that this process is seen through accurately and thoroughly. Call our firm today at (770) 229-5729.

At Goldberg & Associates, we specialize in handling elder law and elder law cases. All of our resources are at your fingertips when you work with Goldberg & Associates. We will do everything in our power to ensure the maximum amount that can be saved, will be saved for your retirement. No stone goes unturned at Goldberg & Associates; we are prepared to make sure you do everything you need to in order to max out those savings options, and make way for the time when you will get to retire.  

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