Georgia Will Instructions

GEORGIA WILL INSTRUCTIONS
Widow or Widower with Adult Children

This will is designed to be completed on your computer. To do so, use your mouse and click on each field which will be highlighted in gray. This will replace the gray with the words you type.

Example: _____________________________[1] will become JOHN DOE.

If you ordered and received this Will in hard copy, you may also use these instructions to complete the will, leaving the reference numbers, and placing the names, etc you desire next to the field numbers.

The Will contains Articles which cover various matters. The information below is designed to assist you in completing the fields contained in the articles of the Will.

Article / Field Completion Instructions

Field [1] - Your name.

Field [2] - Your name.

Field [3] - Your County of Residence.

ARTICLE ONE

Field [4] - Type the name of your spouse who is deceased.

Fields [5] – [10] Type the name(s) of your child(ren) & dates of birth.

ARTICLE THREE

This article is for you to specify specific property to go to a specific person. If you do not leave any, type none and delete the fields.

Field [11] - Type name.

Field [12] - Type street address.

Field [13] - Additional Address line.

Field [14] - City, State, Zip.

Field [15] - Relationship.

Field [16] - Describe the property to go to this person.

Field [17] - Type name.

Field [18] - Type street address.

Field [19] - Additional Address line.

Field [20] - City, State, Zip.

Field [21] - Relationship.

Field [22] - Describe the property.

Field [23] - Type name.

Field [24] - Type street address.

Field [25] - Additional Address line.

Field [26] - City, State, Zip.

Field [27] - Relationship.

Field [28] - Describe the property.

ARTICLE FOUR

This article is for you to leave your homestead, if you have one on the date of death to persons designated.

Field [29] Type name(s) of your child(ren).

Fields [30]-[31] Omitted.

ARTICLE FIVE

This article is for you to leave all the rest and remainder of your property except your homestead and any special items you listed in Article Three.

Field [32] Type name(s) your child(ren).

Fields [33]-[34] Omitted.

ARTICLE SIX

This article is for you to name your personal representative. This must be an adult and can be the person with whom you live.

Field [35] - Type name of Personal Representative.

Field [36] - Type name of successor Personal Representative.

ARTICLE TEN

All parts of Article 10 are optional. Complete as desired. Be sure to write your initials for any of these items you desire to apply.

Field [37] - Type name of Cemetery.

Field [38] - Type County.

Field [39] - Type State.

ENDING AND SIGNATURE

Field [40] - Your name.

Field [41] - Your name.

Field [42] - Your name.

Field [43] - Your name.

Field [44] - Your name.

Field [45] - Your name.

Field [46] - Your name.

LAST WILL AND TESTAMENT OF

BE IT KNOWN THIS DAY THAT,

I, , of County, Georgia, being of legal age and of sound and disposing mind and memory, and not acting under duress, menace, fraud, or undue influence of any person, do make, declare and publish this to be my Will and hereby revoke any Will or Codicil I may have made.

ARTICLE ONE

Marriage and Children

I was married to , now deceased, and have the following adult children from a said marriage:

Name: Date of Birth:

Name: Date of Birth:

Name: Date of Birth:

ARTICLE TWO

Debts and Expenses

I direct my Personal Representative to pay all costs and expenses of my last illness and funeral expenses. I further direct my Personal Representative to pay all of my just debts that may be probated, registered and allowed against my estate. However, this provision shall not extend the statute of limitations for the payment of debts, or enlarge upon my legal obligation or any statutory duty of my Personal Representative to pay debts.

ARTICLE THREE

Specific Bequests of Real and/or Personal Property

I will, give and bequeath unto the persons named below, if he or she survives me, the Property described below:

[LIST OR STATE NO PROPERTY LEFT UNDER THIS ARTICLE]

ARTICLE FOUR

Homestead or Primary Residence

I will, devise and bequeath all my interest in my homestead or primary residence, if I own a homestead or primary residence on the date of my death that passes through this Will, to my child(ren), , If I have and name more than one child, they are to receive the property, equally, per stirpes.

ARTICLE FIVE

All Remaining Property – Residuary Clause

I will, devise, bequeath and give all the rest and remainder of my property and estate of every kind and character, including, but not limited to, real and personal property in which I may have an interest at the date of my death and which is not otherwise effectively disposed of, to My child(ren), , If I have and name more than one child, they are to receive the property, equally, per stirpes.

ARTICLE SIX

Appointment of Personal Representative, Executor or Executrix

I hereby appoint , as Personal Representative of my estate and this Will. In the event my Personal Representative shall predecease me, or, for any reason, shall fail to qualify or cease to act as my Personal Representative, then I hereby appoint to serve as successor Personal Representative of my estate and Will.

ARTICLE SEVEN

Waiver of Bond, Inventory, Accounting, Reporting and Approval

My Personal Representative and successor Personal Representative shall serve without any bond, and I hereby waive the necessity of preparing or filing any inventory, accounting, appraisal, reporting, approvals or final appraisement of my estate.

ARTICLE EIGHT

Powers of Personal Representative, Executor and Executrix

I direct that my Personal Representative shall have broad discretion in the administration of my Estate, without the necessity of Court approval. I grant unto my Personal Representative, all powers that are allowed to be exercised by Personal Representatives by the laws of the State of Georgia and to the extent not prohibited by the laws of Georgia, the following additional powers:

1. To exercise all of the powers, rights and discretions granted by virtue of any "Uniform Trustees' Powers Law," and/or “Probate Code” adopted by the State of Georgia.

2. To compromise claims and to abandon property which, in my Executor’s opinion is of little or no value.

3. To purchase or otherwise acquire and to retain any and all stocks, bonds, notes or other securities, or shares or interests in investment trusts and common trust funds, or in any other property, real, personal or mixed, as my Personal Representative may deem advisable, whether or not such investments or property be of the character permissible by fiduciaries, without being liable to any person for such retention or investment.

4. To settle, adjust, dissolve, windup or continue any partnership or other entity in which I may own a partnership or equity interest at the time of my death, subject, however, to the terms of any partnership or other agreement to which I am a party at the time of my death.

5. To lease, sell, or offer on a lease purchase, any real or personal property for such time and upon such terms and conditions in such manner as may be deemed advisable by my Personal Representative, all without court approval.

6. To sell, exchange, assign, transfer and convey any security or property, real or personal, held in my estate, or in any trust, at public or private sale, at such time and price and upon such terms and conditions as my Personal Representative may deem advisable and for the best interest of my estate, or any trust.

7. To pay all necessary expenses of administering the estate and any trust including taxes, trustees' fees, fees for the services of accountants, agents and attorneys, and to reimburse said parties for expenses incurred on behalf of the estate or any trust hereunder.

8. Unless otherwise specifically provided, to make distributions in cash or in specific property, real or personal, or in an undivided interest therein, or partly in cash and partly in other property.

9. To determine what is principal and what is income with respect to all receipts and disbursements; to establish and maintain reserves for depreciation, depletion, obsolescence, taxes, insurance premiums, and any other purpose deemed necessary and proper by them.

10. To participate in any plan of reorganization, consolidation, dissolution, redemption, or similar proceedings involving assets comprising my estate or any trust created hereunder, and to deposit or withdraw securities under any such proceedings.

11. To perform such acts, to participate in such proceedings and to exercise such other rights and privileges in respect to any property, as if she or he were the absolute owner thereof.

12. To compromise, settle or adjust any claim or demand by or against my estate, or any trust, to litigate any such claims, including claims relating to estate or income taxes, and to agree to rescind or modify any contract or agreement.

13. To borrow money from such source or sources and upon such terms and conditions as my Personal Representative shall determine, and to give such security therefore as my Personal Representative may determine.

ARTICLE NINE

Construction Intentions

1. The masculine gender shall be deemed to include the feminine as well as the neuter, and vice versa; the singular shall be deemed to include the plural, and vice versa.

2. The term “testator” as used herein is deemed to include me as Testator or Testatrix.

3. This Will is not a result of a contract between myself and any beneficiary, fiduciary or third party and I may revoke this Will at any time.

4. If any part of this Will shall be declared invalid, illegal, or inoperative for any reason, it is my expressed intent that the remaining parts shall be effective and fully operative.

ARTICLE TEN

Misc. Provisions

I direct that this Will and the construction thereof shall be governed by the Laws of the State of Georgia.

If any person named herein is indebted to me at the time of my death and such indebtedness be evidenced by a valid Promissory Note payable to me, then such person’s portion of my estate shall be diminished by the amount of such debt.

Any and all debts of my estate shall first be paid from my residuary estate. Any debts on any real property left herein shall be assumed by the person to receive such real property and not paid by my Personal Representative.

I desire to be buried in the cemetery in County, .

I direct that my remains be cremated and that the ashes be disposed of according to the wishes of my Executor.

I, , having signed this Will in the presence of and who attested it at my request on this the day of , 20 at , declare this to be my Last Will and Testament.

Witnesses

Georgia Certification: Georgia Code § 53-4-24

STATE OF GEORGIA

COUNTY of

Before me, the undersigned authority, on this day personally appeared , , and , known to me to be the testator/testatrix and the witnesses, respectively, whose names are subscribed to the annexed or foregoing instrument in their respective capacities, and all of said individuals being by me duly sworn.

, declared to me and to the witnesses in my presence that said instrument is the last Will of the testator/testatrix and that the testator/testatrix had willingly made and executed it as a free act and deed for the purposes expressed therein.

Sworn to and subscribed before me by , testator/testatrix, and sworn to and subscribed before me by and , witnesses, this day of , 20.