A Last Will and Testament, commonly referred to simply as a “will,” is a foundational legal document in estate planning. It allows you to express your wishes regarding how your assets should be distributed after your death, name guardians for minor children, and designate someone to manage your estate. Without a valid will, Georgia law will determine who inherits your property, often in ways that may not align with your preferences.
At Law for Georgia, LLC, we help individuals and families throughout Georgia create legally enforceable wills that provide clarity, security, and peace of mind for the future.
What Is a Will?
A will is a legal document that outlines your instructions for:
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The distribution of your property and personal belongings
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The appointment of a guardian for your minor children
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The designation of an executor (also called a personal representative) to carry out your wishes
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Instructions for the care of pets or the management of family heirlooms or special assets
A will becomes effective only upon your death and must go through probate, the legal process by which a court ensures the will is valid and oversees the administration of your estate.
Requirements to Create a Will in Georgia
Under Georgia law, a valid will must meet the following criteria:
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Legal Age and Capacity:
The testator (the person making the will) must be at least 14 years old and of sound mind. -
Written Document:
The will must be in writing. While handwritten wills (holographic wills) are not automatically invalid, they must still meet all legal requirements. -
Signature:
The testator must sign the will or direct someone else to sign it in their presence and at their direction. -
Witnesses:
The will must be signed in the presence of at least two competent witnesses, who must also sign the document. Witnesses should not be beneficiaries of the will to avoid legal complications. -
Voluntary Intent:
The testator must make the will voluntarily, free of coercion, fraud, or undue influence.
Optional but highly recommended: Self-Proving Affidavit
A will can include a notarized self-proving affidavit, which affirms that the testator and witnesses properly signed the document. This simplifies the probate process.
Key Provisions Typically Included in a Will
A well-drafted will generally includes the following elements:
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Declaration of Intent: A statement confirming that the document is your will.
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Revocation of Prior Wills: Voids any previous wills or codicils (amendments).
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Appointment of Executor: Names the individual responsible for administering the estate.
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Asset Distribution Instructions: Lists your beneficiaries and specifies what they will receive.
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Guardianship Designation: Appoints a guardian for any minor children.
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Creation of Trusts: May establish a testamentary trust for minor or dependent beneficiaries.
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Residuary Clause: Directs how any remaining assets not specifically mentioned should be distributed.
Why You Need a Will
Having a will in place allows you to:
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Control how your assets are distributed
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Avoid unnecessary delays or disputes in probate
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Protect your loved ones, especially children or dependents
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Minimize legal complications and expenses for your heirs
Without a will, Georgia’s intestacy laws will determine how your property is divided—typically to your closest relatives in a strict order of priority. This may not reflect your actual wishes.
How Law for Georgia, LLC Can Help
At Law for Georgia, LLC, we offer comprehensive will preparation services that ensure your estate plan is clear, legally sound, and tailored to your needs.
Our firm provides:
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Personalized consultations to understand your goals and family dynamics
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Custom-drafted wills that meet all legal requirements in Georgia
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Advice on related estate planning documents such as powers of attorney, health directives, and testamentary trusts
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Flat-fee pricing options for many of our estate planning services
We ensure that every will we create not only complies with Georgia law, but also clearly reflects your intentions and protects your loved ones.
Take the Next Step
Don’t leave your legacy to chance. Let Law for Georgia, LLC help you prepare a will that gives you confidence and peace of mind.
📞 Contact us today at Law4GA.com to schedule a consultation and take control of your future.
