Wills in Georgia

Creating and updating a Will is a prudent move to protect and distribute what you’ve worked a lifetime to achieve. Learn about Wills in Georgia.

What is a Will

A will, also called a “Last Will & Testament” is a formal document that dictates how your “estate” is to be dissolved when you die. A “power of attorney” is a separate document which can effectively do the same if you become incapacitated.

Making a legal Will in Georgia, upon your death, does the following for you:

• Identifies who is in charge of carrying out the instructions in your Will
• Identifies your chosen guardian (if you have minor children)
• Specifies how your assets are to be distributed or otherwise assigned
• Block specific individuals from having any claims on your assets

What Happens If I Do Not Have a Will?

In Georgia, if you pass away without a will, settling your estate will be done in a probate court. Without a Will, the process of sorting out your estate can be a lengthy process, and often spawns a lot of otherwise avoidable conflict.

A probate court will distribute your assets (financial, real property, personal property, etc.) according to Georgia’s “intestacy” laws. Intestacy law dictates that your property must go to your closest relatives, with an established line of succession if there is a gap in the line of relatives. The line of succession generally flows from a spouse, children, grandchildren to parents, siblings, etc. If you do not have any living relatives the State of Georgia will seize your assets.

Do I Need a Lawyer to Make a Legal Will?

You are not legally obligated to hire a lawyer to prepare your Will, however; without the services of a lawyer it is very likely that you will make a lot of mistakes.

Laws on inheritance taxes alone can complicate the creation of a Will that protects your assets. There are a number of common pitfalls and situations that an experienced lawyer can anticipate. Hiring a lawyer means benefitting from their experience and mitigating potential problems when settling your estate.

Updating and Changing a Will in Georgia

It is very common for a healthy person to be prudent enough to create a Will long before it is expected to be needed. As you would expect, life changes that occur over the years dictate that the Will should be updated. As your lawyer, we can help you update, modify, and amend your Will via a legal amendment called a codicil. This includes making certain that the revised Will is legally established thereby replacing any previous versions.

Revocation of a Will is an added legal measure that can be implemented to assure that a previous version of your Will is made null and void.

Wills and Divorce

Georgia has laws that any provisions in your Will that directs property to go to your spouse will be ignored if you become divorced. If you get divorced and still want assets to go to your ex-spouse you will need to make clear and specific provisions in your Will.