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Summary: Georgia requires wills to be filed with the probate court. This is especially important if you are planning to distribute property or assets through the probate process. A will is a common estate planning tool that enables people to list their preferences about distributing their assets after death.
For a will to be valid in Georgia, it must be written either typed or by hand. (Georgia Code 53-4-20). Oral wills, or wills that are recorded by audio or video, are not valid in Georgia. Holographic wills, which are wills that are written but not signed by two witnesses, are not valid in Georgia.
Is Probate Required in Georgia? Probate isnt always required in Georgia. It is necessary by law if the assets belonged solely to the deceased person with no named beneficiary or with the estate as the named beneficiary. If the assets were included in a revocable living trust, probate wont be necessary.
Georgia law requires that a valid will be in writing and that it be signed by either the person making the will or someone else in the presence of and at the express request and direction of the person making the will.
Georgia law requires that a valid will be in writing and that it be signed by either the person making the will or someone else in the presence of and at the express request and direction of the person making the will.
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Georgia Code 53-4-23 states: (a) If a subscribing witness is also a beneficiary under the will, the witness shall be competent; but the testamentary gift to the witness shall be void unless there are at least two other subscribing witnesses to the will who are not beneficiaries under the will.
In order for a will to be valid in Georgia, you need to meet five requirements. The person creating the will in Georgia is 14 years or older. The person creating the will is competent to create his or her will. The will is written. The will is signed by the testator. Two witnesses must sign the will.
A Will might be considered invalid if: The Will has been forged. The deceased lacked mental capacity when writing their Will (also known as lacking testamentary capacity) The deceased was manipulated or pressured when writing their Will (known as undue influence)
These 6 errors can make your Will invalid Not attested. If not attested by at least two witnesses, a will becomes invalid. Did not destroy previous Wills. Remains unsigned by testator. Procured by forgery or fraud. Testator is of unsound mind. Undated.
File the will with the probate court. After the person dies, you should locate their will and file it with the probate court in the county where they lived. You must file the will even if you do not intend to go through the probate process.

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