- There are several requirements that must be met in order to establish a valid will in Georgia. Unlike the majority of states, you do not need to be a legal adult to draft a will. Anyone age 14 or older may write a will, so long as they are of sound mind and free of undue influence. The will must be signed and dated by you and two competent witnesses. An oral will may be considered valid if it is delivered on your deathbed in the presence of two witnesses. Handwritten wills are not considered legal under any circumstances.
- Under Georgia law, a will can do several things. It can direct the distribution of certain property, including real estate, land, vehicles, jewelry, stocks, bonds and personal property. You can use a will to name a minor guardian for your children, appoint an executor to your estate, establish a trust, make charitable contributions or specify the payment of debts, including estate taxes. You can also use a will to exclude one or more of your children from their share of your estate. A surviving spouse cannot be disinherited under state law.
- Since your will does not take effect until after you death, you are free to make changes or revoke it at any time. If you only wish to change a portion of the will, you may do so by adding a codicil specifying the changes. If you wish to revoke your will entirely, you may do so by drafting a new will or physically destroying the original. If you add a codicil or draft a new will, these must also adhere to the state guidelines concerning validity. If you divorce your spouse or your marriage ends in annulment, their interest in your estate is automatically revoked.
- You are considered intestate if you die without a will. Dying intestate can potentially cause significant financial and legal complications for your surviving heirs. Without a will, the court has no choice but to direct the distribution of your assets according to state law. This is done only after the state deducts any fees or penalties and pays any outstanding debts the estate may owe. A will can reduce or eliminate some of this expense to your beneficiaries. If the court is unable to locate any living relatives, the state becomes the beneficiary to your estate.