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Georgia Last Will and Testament Form |
The Georgia last will and testament is a legal document whereas a testator/declarant may create a document that will reflect their specific instructions with regard to exactly how they would like their personal property, accounts, real estate, etc. to be distributed among their beneficiaries. These distributions would take place after the death of the Principal. This document will guide the Principal in dividing their property. As well, it will guide the Principal through the process of delegating powers to someone or a business entity that they trust also known as an attorney in fact and agent or an executor. This person would take over when the Principal passes away and shall take all of the necessary steps to distribute any property as described in the document while the Principal was living and was of sound mind. Upon completion of the document, signatures will need to be attested by two witnesses in order to be effective (GA Section 53-4-20). This document may be changed or revoked, only by the Principal and as long as they are of sound mind to make the changes.
Laws – §53-4-10, et seq.
How to Write
Step 1 – Download the document and establish the Declarant by entering their full name in the first line of the document – In the next paragraph, provide the following
- The Declarant’s full name
- City
- County
- Read the remainder of the paragraph
- Review titled section “Expenses and Taxes”
Step 2 – Personal Representative/Agent – The Declarant may then appoint their executor who will oversee the distribution of the estate. Provide the following information:
- The name of the delegated executor
- Address
- County
- State
In the event, the initial executor us unable or unwilling to serve, the declarant may appoint and alternate executor. Submit the following:
- Alternate exector’s name
- Alternate’s complete address
- County
- State
Step 3 – Disposition of Property – The declarant may enter the information needed regarding their beneficiaries. The bequeathed property of any kind may be entered into this form If there are more than three (3) beneficiaries, add the additional beneficiary’s information on a separate sheet. Sign and date the sheet and then attach it to the document:
- Provide the full name of each beneficiary
- Beneficiary’s current complete address
- Relationship to the declarant
- Provide the last four digits of the beneficiary’s Social Security Number (SSN)
- The Principal must read and agree to the next two paragraphs.
- If the testator would like to provide additional information they may do so by adding a sheet and attaching it to this form
Step 4 – Titled Sections and all Subsections- The Testator should read all the following titles and subtitles before proceeding:
- Omissions
- Bond
- Discretionary Powers of Personal Representative (subsections A – K)
- Contesting Beneficiary
- Guardian Ad Litem Not Required
- Gender
- Assignment
- Governing Law
Step 5 – Binding Agreement – The Declarant must read the first paragraph. In the second paragraph, enter the following
- Declarant’s name
- The date of exectution of the document in dd/m/yy format
- Declarant’s name
- Declarant’s printed name
- Date signature (dd/m/yy)
- Enter the Declarant’s name
Step 6 – Witness Signatures and Notary Public –All signatories must be in the presence of a notary public, prior to application of signatures
Witnesses –
- Respective Witnesses shall enter their signatures
- Witnesses must enter their complete current addresses
Testamentary Affidavit –
- A notary must acknowledge this document once it’s been completed and all parties must be present to sign this document, in the presence of one another
- The notary will enter the names of the signatories
- Provide the signature of the Declarant
- Provide the signatures of the witnesses
