Having a legal will in Georgia can be the difference between quickly moving forward after your death or enduring months of legal challenges and court hearings. Like many states, Georgia sets its own requirements as to the types of wills they will accept and the areas it may cover. Residents who are aware of Georgia's laws can create a legal will that will help family members distribute assets quickly and begin to move forward.
You must be at least 14 to file a will in Georgia. The will must be in writing and signed by the author, must be written freely and voluntarily, and must be signed by the author and at least two witnesses. All three people must sign the will in view of each other.
Uses of a Will
Georgia residents can use wills to serve many purposes. Assets such as bank accounts, property, cars and stocks may be transferred in a way the will writer sees fit, the only exception to this is jointly-owned property. Georgia residents may also use a will to nominate a guardian for any children under 18, though the decision is ultimately up to the courts.
Georgia residents name an executor of the will when writing it. The executor is responsible for submitting the will to the local courthouse when the writer dies. A court date will be assigned when this happens. The executor will then contact all people receiving assets to notify them of the court date.
A probate hearing is then held before any assets are transferred. Probate is used to settle any outstanding debts. The remaining assets may then be distributed according to the directions in the will.