Legal Question in Wills and Trusts in Georgia

What is the importance of being able to select the venue and jurisdiction for execution of a will.


Asked on 1/20/12, 8:57 am

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Venue and jurisdiction have nothing to do with the execution of a will.

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Answered on 1/20/12, 9:45 am

You cannot select venue and jurisdiction for a will. The will is submitted fro probate when a person dies in the county/state in which they live.

A person making a will is called a testator (if male) or testatrix (if female). The will is done in conformity with the law of the state in which the person lives at the time the will is made. If the person moves to another state, then the person should have the will reviewed by an attorney in the new state to ensure that the will is still valid. Generally, if the will was properly made and executed (signed and witnessed) in a state, then the will should be valid in the new state of residence. However, the person should revisit their will periodically and should definitely have the will revised if there has been a birth, death, marriage, divorce, adoption, relocation or substantial change in property.

To be good everywhere, I recommend that a will be done by an attorney and witnessed by at least 3 persons (Georgia requires only 2 but you always want to have a 3rd person as a spare if needed) who are competent, over the age of 18 and who are in no way beneficiaries under the will. The testator/testatrix and the witnesses should all troop down and sign the will in front of each other and the notary. While law offices have notaries, banks or office suppy or shipping stores (like Office Max, Office Depot, Staples or the UPS Store) all offer notary services for a small fee.

The fact that you are asking about jurisdiction and venue tells me that you need to see an attorney to have your will professionally done. While do-it-yourself kits are available, these kits may or may not be for you given your assets and circumstances. Generally, if there are complicating factors, then these should not be used. Getting a will done is more affordable than you think. Don't let your legacy to loved ones be a lawsuit because you tried to save a few dollars and decided to draft your own will and messed something up. And even if you are relatively young, you need a will. Unpredicatable things happen and you want to be prepared, especially if you have minor children.

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Answered on 1/20/12, 1:46 pm


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