![]() How does it work? To make a will self-proved in Georgia, the testator and witnesses must sign a “self proving affidavit” before a notary public. (When a will that isn’t self proved is submitted to the probate court, the court will require testimony from witnesses, or other proof, to establish that the will is what it claims to be.) A self proved will can be admitted to probate court without the testimony of the witnesses to the will. Under Georgia law, a will that meets certain requirements - including proper notarization - is “self proved”. You should definitely have your will notarized. (c) A codicil shall be executed by the testator and attested and subscribed by witnesses with the same formality as a will.Īlthough there are various exceptions and special rules, these are the standard requirements for Georgia wills. Another individual may not subscribe the name of a witness, even in that witness’s presence and at that witness’s direction. (b) A will shall be attested and subscribed in the presence of the testator by two or more competent witnesses. A testator may sign by mark or by any name that is intended to authenticate the instrument as the testator’s will. (a) A will shall be in writing and shall be signed by the testator or by some other individual in the testator’s presence and at the testator’s express direction. Regarding the will itself, the standard requirements are set forth in Georgia Code § 53-4-20. If a testator believes there might be any doubt as to his or her mental capacity at the time of the signing, a letter from a doctor affirming mental competence generally can be included with the will. Even a person with dementia or Alzheimer’s may be deemed to have a sound mind, if lucid at the moment of signing. More specifically, it means that at the time the will is made, you understand that you’re creating a will, the nature of the property you own, and to whom you’re leaving your property. Sound mind generally means that you’re aware of your actions when creating the will. (b) An individual who has been convicted of a crime shall not be deprived of the power to make a will. ![]() (a) Every individual 14 years of age or older may make a will, unless laboring under some legal disability arising either from a want of capacity or a want of perfect liberty of action (also known as lacking “”sound mind””). ![]() There are requirements for both the person making the will (called a “testator”), and for the will itself. To make a valid will in Georgia, certain legal requirements must be met. Making a Will in Georgia Georgia Will Requirements
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