Legal Question in Wills and Trusts in Georgia

fathers will

I want to know do you have to file a notarized will with the courts for it to be legal and binding?


Asked on 8/25/08, 12:53 pm

3 Answers from Attorneys

Charles W. Field Charles W. Field, Attorney at Law

Re: fathers will

No. Some people just like to file it so they know it's with the court and can't get lost.

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Answered on 8/25/08, 12:58 pm
Harold Holcombe Harold D. Holcombe, P.C.

Re: fathers will

A will is not "binding" until the person passes away and it is proven that the will was the last will and testament of the testator. A person may have many wills over their lifetime and the only reason to file a will while living is to ensure that the courts probate the right will. Once you start filing it with the probate court make sure you file all subsequent wills and codicils.

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Answered on 8/25/08, 1:13 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: fathers will

Notarizing a will does not affect its validity. You can notarize an attachment that simplifies probate (a self-attesting will). Wills are not filed for probate until the person dies. That should be done with a lawyer.

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Answered on 8/25/08, 1:43 pm


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