In Georgia, a Last Will and Testament is a legal means of transferring someone's assets to their beneficiaries once he or she passes away. Many people (known as Testators) use a Last Will as a means of protecting their assets from unwanted individuals taking hold of their belongings and assets after they pass away, and ensuring that the people that they desire inherit their assets and belongings. In a Last WIll, Testators often leave their assets to their children, parents, and siblings, however, it is not uncommon for Testators to leave assets to charities and other non-profit companies. In Georgia, this document must be signed by two witnesses and a notary public.
Last Will and Testament laws vary from state to state. Here are the laws that govern these documents in the state of Georgia.
Definition of Will - §53-1-2(17)
Witnesses - According to §53-4-20, the Will must be signed by two (2) witnesses.
Step 1 - Using your FormSwift template, enter your name, followed by your gender.
Step 2 - Provide your city and county of residence.
Step 3 - Provide your marital status (single, married, engaged, separated, etc.), as well as your spouses name.
Step 4 - Provide some of the following information (as it applies):
Step 5 - Specify the amount or percentage of your assets that you’d like to leave each child.
Step 6 - Indicate if you’d like to set up a trust for one of your beneficiaries who has a disability or requires special care. Setting up a trust can prevent any issues with this person’s ability to receive Supplemental Security Income or other governmental services and benefits such as Medicaid.
Step 7 - Stipulate the age that your children must be before they start receiving benefits from their inheritance, as well as the portion that will be received. Also, specify the age that they will be when the benefits run out or end.
Step 8 - Provide the address and contact information to the funeral home you’d like your body taken to once you pass away.
Step 9 - Specify any of your wishes in regards to the meal after the funeral service.
Step 10 - Naming Your Executor - Naming your Executor is important because if you neglect to appoint someone to execute your will, the court will appoint one for you. Name your Executor by providing the following information:
Additionally, if there is someone who you do not want to act as your Executor, or if you’d like to appoint an alternate, provide their information as well.
Step 11 - Appointing Your Trustee - If your assets are set up in a trust, you must appoint someone you trust to distribute those assets. You may appoint them by providing the following information:
Step 12 - Digital Executioner - Your Digital Executor can be the same individual named as your Executor, or someone entirely different. Provide the following information of your Digital Executor:
Step 13 - Guardian for Your Minor Children - If you have children who are minors, appointing a Guardian for them can be done by naming the person in your will. Provide the following information:
Step 14 - If you wish to name additional beneficiaries, besides your children, perhaps siblings, close friends, etc.:
Step 15 - Disinheriting a Beneficiary - If there’s someone you wish to disinherit or make sure they receive none of your assets, name them in this section:
Step 16 - Witnesses - Provide information for your witnesses:
Once your Last Will is complete, be sure to have it signed by both witnesses, and notarized by a Notary Republic.