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Will & Testament law in Augusta, United States, falls under the state of Georgia's Probate Code. A legal document that provides a roadmap for the distribution of your estate after your death, your will becomes effective only after you are deceased. In Augusta, as in the whole of Georgia, wills are allowed to be self-proving, and oral wills are only accepted under certain circumstances.
The legality and enforceability of a Will & Testament can become quite complicated, making a lawyer quite invaluable. Legal advice may be necessary to ensure proper drafting and execution of your will, to assist if you have sizable assets or complex provisions, when dealing with complex family dynamics, if you fear that your will might be contested, or if you need to update your existing Will & Testament.
In Augusta, an individual must be of sound mind and at least 14 years old to make a will. The will should also be witnessed and signed by at least two people who are not beneficiaries in the will. If unsigned and undated, it's unenforceable, even if it meets all other legal requirements. There are specific requirements for what constitutes a "self-proving" will, to ensure it's legally enforceable without needing additional proof or testimony upon the testator's death.
In Georgia, a handwritten will, also known as a "holographic will," is not legally valid unless it's witnessed and signed by at least two people in accordance with the state's statutory requirements.
Yes, you can. However, you cannot disinherit your spouse unless they agree to it in a prenuptial or postnuptial agreement.
You should keep your will in a safe place where your executor can easily find it. Your lawyer should also keep a copy, and the Probate Court offers a will repository service.
Generally, you should review your will every 3-5 years or whenever there are significant changes in your assets or family situation.
If you die without a will, known as dying "intestate," Georgia's intestacy laws will control the distribution of your estate.
The Augusta Probate Court provides detailed guidelines and resources regarding the requirement and procedures on wills and testaments. GeorgiaLegalAid.org is another valuable resource that can provide legal information and assist in locating a suitable attorney for your needs.
If you need legal assistance in drafting your Will & Testament, consider reaching out to an experienced estate planning attorney. Ensure you choose an attorney who specializes in wills and trusts and has a great understanding of Georgia's local laws.
