If you are in the process of drafting a will, it is important to make sure that your will meets all state requirements. Creating a will is arguably the most important part of the estate planning process, so it is important that the courts declare your will to be valid.
Wills that do not meet all requirements may be invalidated by the court and your estate may fall into intestacy. Under intestate laws, assets are distributed based on family relations, as determined by the probate court.
Under Ga. Code. Title 53, Wills, Trusts, and Administration of Estates, a will must be:
- Created by a person who is at least 14 years old and has testamentary capacity/competency.
- In writing.
- Signed by the testator (creator) of the will or someone they choose to sign on their behalf.
- Signed by two competent witnesses in the presence of the testator.
What should be included in my will?
A will should be tailored to the needs of the creator and their beneficiaries. A will may include:
- The testator’s personal information.
- A plan to distribute the testator’s property to be distributed to beneficiaries upon the testator’s death.
- An executor to administer the testator’s estate upon the testator’s death.
- An appointed guardian to look after the testator’s minor children or pets upon the testator’s death.
If you need assistance in creating your will, consider meeting with an estate planning attorney. Your attorney can make sure all requirements are met and that your will includes the necessary personal information.