Georgia residents like you may decide that now is the time to write your will. But where do you begin? The process is often more complicated than people expect. You cannot just write a will on a piece of paper and call it a day. There are protocols and laws to follow.
Also, each state has its own laws regarding will making. This means what applies in one state does not always apply in the others. This is crucial to know if you ever move. So what types of wills are valid in Georgia?
How Georgia handles oral and handwritten wills
First, we will look at two unique types of will. These are nuncupative and holographic wills. Merriam-Webster defines nuncupative wills as oral wills, or spoken wills. Holographic wills are handwritten wills. Georgia law does not recognize holographic wills. This means you cannot write your will by hand.
Though Georgia allows oral wills, there are limitations on allowances. For example, you can only give an oral will in the “time of last illness”, or when you are dying. You need at least two witnesses present. You must have told these people that they are witnessing your will. They must swear under oath that they have listened to it. After that, someone still needs to write your will down within 30 days of you saying it.
Limits on testators
Other than that, there are age limits. No one under 14 can write a will. You must have a sound mind at the time of writing or dictating, too. This includes being free of ailments that may cause you to think in a different way. If you follow these steps, you ensure that your will is valid under state law.