The requirements of a will in Georgia

On Behalf of | May 7, 2021 | Wills and Probate |

Georgia, just like every other state, has specific rules and procedures that must be followed in order for a last will and testament to be upheld in a court of law. If these procedures are not properly followed, the will can be contested after the person’s death. To ensure that you construct your will correctly, it’s essential to understand these facts about wills in Georgia.

It must be witnessed

In order for your will to successfully go through the probate process, it will need to be witnessed. Georgia allows any citizen 14 years or older to construct a will. While the will does not have to be notarized, it must be signed by the tester and signed by two witnesses who watch the tester sign the will. Even though a notarization is not required for a will to be valid in the state of Georgia, it’s highly advisable to undergo the notarization process. This helps to solidify the intent of your will.

You must be competent

In order for a person to create a valid will in the state of Georgia they must have testamentary capacity. This means that they’re competent enough to decide and rationalize what will happen when they sign their will. Alongside being confident, the testator must also be freely and voluntarily making the will. If they’re under any undue influence or there is a misrepresentation of the will, the will can be contested in the future.

When it’s time to sit down and create your will, it’s important to follow all the proper procedures. This helps to ensure that your will isn’t successfully contested later on down the road after your passing. To ensure that all these procedures are followed in the correct order, you should consult an attorney.

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