The Importance of Preparing Your Will
Chip Gaskill • October 9, 2019
What is a Last Will & Testament?
A Last Will and Testament is a written, legal document that allows a person (or “testator”) to choose how his or her affairs are managed after his or her death. At a minimum, a properly drafted Will should provide for distribution of the testator’s property, appoint an executor to carry out the terms of the Will, designate a guardian for minor children, and establish a testamentary trust for assets that are given to minor children, or even younger adults that are not yet ready to manage an inheritance. Additional provisions can be added to the Will to consider the unique circumstances of the testator and the testator’s wishes and desires.
Executing a Will in Georgia
To be valid in Georgia, a Will must be properly executed. It must be in writing and must be witnessed by two witnesses. Additionally, to expedite probate, the Will should contain a notarized affidavit making the Will self-proving. The self-proving affidavit eliminates the necessity of contacting the witnesses at the time of Probate. This is important as witnesses, particularly with Wills that are executed many years before the death of the testator, are not able to be located because they have moved or have died themselves. If the Will is properly drafted, properly executed, and self-proving, the process of probating a Will in Georgia is usually fairly quick and straightforward.
What Happens When You Don’t Have a Will?
Problems arise when a person dies without a Will or without a properly drafted and executed Will. First, without a Will, someone will have to qualify as an Administrator of the estate of the decedent. The process of administration is more cumbersome as Administration often requires publication in the county newspaper and for the Administrator to post bond. It may also require the Administrator to file inventories and reports with the Probate Court that can otherwise be waived by a testator in his or her Will.
Most importantly, without a Will, the property of the person who has died is distributed by the laws of intestate secession. In Georgia, this means that the decedent’s children take equally with the decedent’s spouse, with the spouse receiving not less than one-third of the estate. Assume that a couple had been married for 50 years and had two grown children. If the Husband died without a Will, one-third of his assets would be distributed to his wife and one-third to each child. Most likely, this couple would have chosen in their Will to leave all assets to each other and then, upon the death of both of them, to their children equally.
Hire An Experienced Attorney To Execute Your Will
A Will is a critical document to make sure assets are given to the right people upon death and to expedite the process of resolving the estate of the deceased person. That is why it is so crucial to hire an experienced attorney to execute your will. The caring Estate Planning Lawyers at York Gaskill, LLC will take care of every detail and listen to all of your concerns. Contact us
directly to discuss your wills, trusts, and estate planning. We also invite you to learn more about our will packages.
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