Make a Georgia Last Will and Testament

Georgia State Last Will and Testament Laws

Definition of Will - §53-1-2(17)

Laws - Title 53: Wills, Trusts, and Administration of Estates

Witnesses - According to §53-4-20, the Will must be signed by two (2) witnesses.

A Sample Georgia Last Will and Testament with Examples of Each Step

Step 1 - Using the template provided by FormSwift, enter your name, followed by your identified gender.

Step 2 - Provide your city and county of residence.

Step 3 - Specify your marital status from one of the following choices:

• Single
• Married
• Separated
• Divorced
• Widowed

If you do not identify as single, provide the name of your spouse.

Step 4 -  If you have any children, pets, property, or life insurance policies, provide that information here.

Step 5 - Provide your children’s names, if they are living, and whether or not they will be named as beneficiaries in your will. In addition, list the names of pets, and information about any life insurance policies.

Step 6 - State the amount of money or percentage of your property you’d like to leave each child.

Step 7 - If you’d like to set up a trust for someone who is mentally ill or physically disabled, specify that here. Setting up a trust for a person with special needs or a disability, especially if they require special care, can prevent any interference with their ability to receive Supplemental Security Income and Medicaid benefits.

Step 8 - Provide the age that your children must be in order to start receiving benefits from their trust, as well as how much of the trust will be received. Finally, enter what age they will be when the benefits end.

Step 9 - If there is a specific funeral home you’d like to use, provide that information here.

Step 10 - Would you like a specific food to be served at the meal after the funeral service? Would you like the meal to be served at a particular place? If you have that information or other specific burial arrangement information, enter it here.

Step 11 - Naming your Executor - Your Executor is one who is charged with administering your estate once you pass away. Your Executor can be a beneficiary in your Will or your attorney. However, it is important that you name an Executor. If one is not named, one will be appointed by the court. Provide the following information:

• Executor’s name
• Relationship to you

Also, if you’d like to provide an alternate Executor, or if there is someone you do not want to act as your Executor, provide their name and relationship to you as well.

Step 12 - Appointing a Trustee - If your assets are set up in a trust, you must appoint a person, known as a Trustee, to disperse your assets once you pass away. If your assets are in a trust, provide the following information:

• Name of your Trustee
• Your relationship with them

Step 13 - Digital Executor - A Digital Executor is someone charged with distributing your digital assets. Digital assets can include trademarks, copyrights, valuable photos, digital currency, etc. If you have digital assets and wish to appoint a Digital Executor, provide the following information:

• Name of your Digital Executor
• Relationship with you

Step 14 - Guardian for Your Minor Children - If you have minor children and wish to appoint a guardian for them should something unfortunate happen to you while they are still minors, provide the following information below (as well as your alternate and conservative’s information).

• Name
• Relationship to you

Step 15 - Additional Beneficiaries - If you wish to appoint additional beneficiaries besides your children, provide the following information:

• Name of Beneficiary
• Relationship to you
• Inheritance amount/percentage

Step 16 - Disinheriting a Beneficiary - If you want to disinherit a spouse, a child, or another beneficiary, provide the following information:

• Disinherited individual’s name
• Relationship to you

Step 17 - Witnesses - Provide the following information for each of the witnesses in your Will:

• Name
• Address (including city, state, zip code)
• Telephone Number

Remember that in order for your will to be legally recognized, it must be signed by all parties, including both witnesses.

Why do you need a Georgia last will and testament form?

In Georgia, having a last will and testament is a crucial step in estate planning and to ensure that your wishes are carried out upon death. Testators may include in their wills any disbursement of assets or guardianship of dependents. In Georgia, testators can leave their assets to anyone they wish, including charity donations. This document is only applicable upon the death of the testator.

The benefits of having a will

Under Georgia law, a last will and testament is not legally required. However, without one your assets will be disbursed at the will of the courts. Having a will and testament is important so that you can appoint an executor (someone who will be responsible for carrying out your stated wishes).

• Any real estate, financial holdings, businesses, bank accounts, or other assets can be included and dispersed according to the testator’s wishes to loved ones or other beneficiaries.
• Guardianship of any minors/dependents can also be included in a last will and testament.
• Georgia wills can also include pet trusts and pet guardianship.

The costs of not having a will

According to Georgia’s laws of intestacy, without a will and testament, any surviving spouses or descendants will inherit equal shares of the estate. A surviving spouse can never inherit less than one-third of the estate. If there are no surviving spouses or children, another close relative will inherit any assets. If there is no spouse, children, or descendants that can be located, the State of Georgia will inherit the estate.