Legal Question in Wills and Trusts in Georgia

Sure you can, but why would you want to do something so awful to your loved ones?

A single missed word or phrase can cost someone an inheritance, or add enormous costs to a probate. Given the incredibly small cost of doing a will right, and given that you will also get invaluable related advice as to other planning, do your family a favor and use a lawyer.

Wills can't be filed until the testator dies. It is possible to pay a probate court to store a will, but your lawyer will likely have other suggestions.

I assume you are asking if you can type your own will. The answer is yes. It must still be witnessed in front of 2 people who are not beneficiaries under the will and should be notarized to make the will self-proving. I recommend everybody trooping down to the notary and everybody signing in front of each other and the notary for this to be valid.

As noted by Attorney Ashman, saving a few bucks by going to Legal Zoom or Nolo and doing it yourself may or may not be the thing to do. You may think "oh I have a simple will." There is no such thing as a "simple" will. Everybody's circumstances are different, but if you have more than one child, have a blended family and more than one marriage, a spouse, or a child or someone whom you wish to disinherit, these are all complicating factors.

Your loved ones are going to be sorry for your loss as it is. Don't let your legacy be a lawsuit which may end up costing your loved ones much time and expense because you wanted to do this on your own.

A will generally is not filed with the courts until death. That said, a person can sometimes store their will before their death with the clerk of courts for a small fee. Not all counties do this and whether you should do it or not depends on your circumstances. I don't recommend this for my clients and certainly not for younger clients who will probably be making new wills at some time in their lives because you have to go through the process of filing a new will if you want to make a change. Also, you have to make sure that you tell your personal representative that a copy of the will is filed. And if you move to another state, the filing will be meaningless as you will probably need a new will again.

I also am not a fan of keeping it in a safe deposit box, as the box cannot be opened after your death unless there is a court clerk or some other representative present. The best place is a fireproof safe or other fireproof place in your home and making sure that there are plenty of copies to go around - the lawyer who drafted the will, if any, should get one, as should the personal representative and your children. Leaving lots of copies reduces the chance that some disgruntled relative will find your will and destroy it. While I do not store wills for clients, some attorneys will do so.