Setting Up a Will in Georgia: 8 Easy Steps

Creating a will is one of the most important things you can do to protect your family and ensure your wishes are honored after you pass away. For Georgia residents and families, understanding the process of setting up a will can provide peace of mind, knowing that your legacy is secure. In this step-by-step guide, we’ll walk you through the essential process to set up your will in Georgia.

Why is a Will Important in Georgia?

You might be wondering why having a will is so crucial, especially if you’re young or don’t have a lot of assets. A will ensures that your property is distributed according to your wishes, rather than Georgia’s intestacy laws, which may not reflect your desires. It also allows you to appoint guardians for minor children and make specific bequests to loved ones or charities. Without a will, the state decides these important matters, which might not align with your intentions.

Step 1:  Assessing Your Assets and Debts

The first step in creating a will is getting a clear picture of what you own and owe. Make a list of your assets, including real estate, bank accounts, investments, and personal property like vehicles and jewelry. Also, note any debts such as mortgages, loans, or credit card balances. This inventory will form the foundation of your will and help determine how your estate should be divided among your beneficiaries.

Step 2: Choose an Executor

Choosing an executor is a critical decision, as this person will be responsible for managing your estate according to your will. Consider someone you trust, who is organized and reliable, and who can handle financial matters competently. It’s also wise to discuss your decision with the person you choose to ensure they are willing and able to take on this responsibility.

Step 3: Selecting Primary and Contingent Beneficiaries

Primary beneficiaries are those who will receive the bulk of your estate, while contingent beneficiaries will inherit if the primary beneficiary is unable to. Deciding who will inherit your assets is often the heart of a will. Think about who you want to benefit from your estate—this could be family members, friends, or charities. It’s also important to name contingent beneficiaries, who will inherit if your primary beneficiaries cannot or do not want to accept their inheritance. This ensures your wishes are followed, no matter the circumstances.

Step 4: Determine Guardianship

If you have children under 18, your will should include a provision for their care. Deciding on a guardian is a deeply personal choice and should be discussed with the potential guardians beforehand. Choose someone who shares your values and parenting philosophy, and who is capable of taking on the responsibilities of raising your children.

Step 5: Drafting Your Will

While it’s possible to draft a will on your own, working with a Georgia estate planning attorney can help ensure that your will is legally sound and truly reflects your wishes. The Edwards Law Group specializes in estate planning and can assist you in drafting a comprehensive will that meets all legal requirements in Georgia. We take the time to understand your unique situation and tailor your will to fit your needs.

Step 6: Witness and Notarization Requirements in Georgia

In Georgia, your will must be signed by at least two witnesses who are not beneficiaries of the will. These witnesses must see you sign the will and then sign it themselves in your presence. Although notarization is not required for a will to be valid, it can make the probate process smoother by allowing the will to be self-proved.

Step 7: Keeping Your Will Safe

Once your will is complete, store it in a safe place where it can be easily accessed by your executor when needed. Consider keeping it in a fireproof safe at home or with your attorney. Make sure your executor knows where to find it and how to access it.

Step 8: Updating Your Will as Life Changes

Life is full of changes, and your will should reflect these shifts. Review your will regularly and update it after major life events such as marriage, divorce, the birth of a child, or the purchase of significant assets. Keeping your will current ensures that it always aligns with your circumstances and intentions.

Securing Your Legacy and Protecting Your Loved Ones

Setting up a will is a vital step in securing your legacy and protecting your loved ones. By following these steps, you can have confidence that your affairs are in order and your family is taken care of. Don’t leave these important decisions to chance—take control of your future today.

Ready to Get Started?

If you’re ready to create a will or need assistance with your estate planning needs, The Edwards Law Group is here to help. Schedule a consultation with our team to discuss your options and ensure your wishes are honored. Contact us today to take the first step towards peace of mind for you and your family.