Legal Question in Wills and Trusts in Georgia

do-it-yourself wills

I purchased a do-it-yourself will, filled it out, had 2 witnesses sign it and had it notorized. Is there anything else I need to do? In what case does you estate go to probate?


Asked on 4/14/98, 12:16 am

1 Answer from Attorneys

Hugh Wood Wood & Meredith

Do it Yourself Will

Usually I tell people to talk to a lawyer in thier own state, but you are in GA.

Well, you will get whatever terms are on the face of the preprinted will, unless changed.

The will did not need to be notarized, but if the notary was completing the self proving affiadavit portion, there will be no need to locate the witnesses.

It sounds like the will will work. The witnesses needed to have signed the will at the same time and in your presence. If that was not doe, the will technically is defective.

Probate will start when your Executor/Executrix presents the will to the probate court for Probate in Solemn form. Assuming you have waived bond and granted powers, the Executor will them be allowed to administer the estate and fulfill the terms of your will.

If you attestation is good (which I don't know) and you are satisfied with the terms of your will, everything should be ok. The only forced inheiritance we have in GA concerns a spouse who is cut out of a will. If you cut your spouse out, she or he may petition the court for 1 years living expenses. Thats it.

For more specific legal advice, you need to obtain counsel from a GA lawyer.

Hugh Wood

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Answered on 5/02/98, 7:45 am


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