Georgia Last Will

GEORGIA WILL INSTRUCTIONS
Married with Adult Children

1. 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: 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.

2. 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.

3. Article / Field Completion Instructions

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ARTICLE ONE

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Fields [5] – [10] Type the name(s) and birth date(s) of your children.

Child 1 Name Birth Date

Child 2 Name Birth Date

Child 3 Name Birth Date

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.

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ARTICLE FOUR

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ARTICLE FIVE

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ARTICLE SIX

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ARTICLE SEVEN

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ARTICLE TEN

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ARTICLE ELEVEN

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ENDING AND SIGNATURE

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All other blanks in the Will are typically completed by hand, such as the names of the witnesses, day, month and year executed, etc.

Once you have completed the Will double check all entries and then print. The Will should be signed by you in front of two witnesses, not related to you. Please sign all pages of the Will in the places designated.

The self-proving affidavit is used to prove the Will and make the Will subject to probate. If the affidavit is not completed now, someone will have to locate the witnesses after your death and obtain an affidavit. Therefore, it is best to sign the Will in the presence of two witnesses AND a notary public so that the affidavit can be completed by the Notary.

You should keep your Will in a safe place once executed. It is also recommended that you give a copy to your executor or other person as additional proof of execution.

ADDITIONAL INFORMATION ABOUT YOUR WILL FORM

This section will briefly explain some of the articles of your will and provide other information. Articles of the Will which are basically self explanatory are not discussed here. In addition, information which is already provided in the instructions above is not repeated.

First Paragraph: The first paragraph of the Will, provides your name, residence information and provides that all prior Wills, if any, are revoked since you have now made a new Will.

Article Three: Some people have specific property that they desire to leave to a specific person, such as a ring or antique. This Article is for you to leave such property. You do not have to name specific property and may simply state none if no property is to be left under this Article.

Article Seven: This Article is for you to name a personal representative, also called executor or executrix. The person named should be an adult and may be your spouse or relative.

Article Eight: If not waived, some Courts will require your Personal Representative post a bond, and file an inventory, accounting and/or appraisal. All can be costly and time consuming. This Article states your intention that your Personal Representative not be required to post a bond or file an inventory or accounting.

Article Nine: This Article sets forth powers of your Personal Representative and is designed to give broad powers without the requirement that Court approval be sought for action by the Representative to the extent permitted by the laws of your State.

Article Ten: This article sets forth some legal construction intentions to clarify some of the issues which may arise. It also contains a common disaster clause which provides that if you and your spouse die in a common disaster, your Will is to have precedence. In cases where you and your wife are making Wills, you would only include this paragraph in one Will, or state in both which Will is to control.

BASIC INFORMATION

What is a Will? A Will is a document which provides who is to receive your property at death, who will administer your estate, the appointment of trustees and guardians, if applicable, and other provisions.

Who may make a Will? Generally, any person 18 years or older of sound mind may make a Will. (Some states allow persons under 18 to make a Will)

What happens if I die without a Will? If you die without a will you are an intestate. In such a case, state laws govern who receives your property. These laws are called "intestate succession laws". If you die without a Will, the Court decides who will administer your estate. Generally, it is more expensive to administer an estate of a person who died without a Will, than a person who dies with a Will.

General

When making a Will you need to consider who will be named as your personal representative or executor to administer your estate, who you will name as guardian and trustee of minor children if your spouse does not survive you and who will receive your property. You should also consider tax issues. The person appointed as executor or administrator is often your spouse, but you should also name an alternate, in case your spouse predeceases you. The person you name should be a person you can trust and who will get along with the beneficiaries named in the Will.

In the event your spouse predeceases you, the guardian you name will have actual custody of your minor children unless a court appoints someone else. The trustee you appoint to administer a trust you established will be in charge of the assets of the trust for the benefit of the minor beneficiaries.

Generally, a Will must be signed in the presence of at least two witnesses (three for Vermont) who also sign the Will. A notary public will also need to sign if the Will contains a self-proving affidavit. Generally, a self-proving affidavit allows the Will to be admitted to probate without other evidence of execution.

Joint Property: Many people do not understand that joint property may pass outside your Will and also sometimes assume that it will pass through their Will. They do not understand the significance of joint ownership. The issue is common in the following areas, provided as examples:

(a) Real Estate: Often, a husband and wife will own real estate as joint tenants with rights of survivorship. If one party dies, the surviving party receives the property regardless of what the Will provides. This is common and generally acceptable. However, if this is not your desire you should change the ownership of the property to tenants in common or other form of ownership. If you own real estate as tenants in common, then you may designate who will receive your share of the property at your death.

(b) Bank Accounts/Certificates of Deposit, Stock, Retirement Plans, IRA’s and other type Property: The same ownership as real estate can be made of these investments. In fact, many Banks routinely place Bank accounts and Certificates of Deposit in the joint tenant with right of survivorship form of ownership if more than one person is on the account or CD, without advising you of the consequence of same. In situations where the persons are husband and wife and there is no issue or concern over divorce or children from previous marriages, this may be the best course of action.

For additional information, see the Law Summary and Information and Preview links in the search results for this form. A Definitions section is also linked on the Information and Preview page.

DISCLAIMER/LICENSE/LIABILITY LIMITATION

All forms in this package are provided without any warranty, express or implied, as to their legal effect and completeness. Please use at your own risk. If you have a serious legal problem we suggest that you consult an attorney. U.S. Legal Forms, Inc. does not provide legal advice. The products offered by U.S. Legal Forms (USLF) are not a substitute for the advice of an attorney.

LAST WILL AND TESTAMENT

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

I am married to and have the following adult children:

Name: Date of Birth:

Name: Date of Birth:

Name: Date of Birth:

ARTICLE TWO

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.

ARTICLE THREE

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

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 spouse, , if he or she survives me.

ARTICLE FIVE

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 spouse, .

ARTICLE SIX

In the event that my spouse shall predecease me, 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) .

ARTICLE SEVEN

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 EIGHT

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 NINE

I direct that my Personal Representative shall have broad discretion in the administration of my Estate, without the necessity of Court approval.

ARTICLE TEN

In the event that my spouse, , and I die under circumstances where it is difficult to determine who died first, I direct that I be deemed to have survived her/him and the terms of my Will shall take precedence over any Will or Codicil that he/she may have made.

ARTICLE ELEVEN

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

(I have placed my initials next to the provisions below that I desire to adopt. Unmarked provisions are not adopted by me and are not a part of this Will)

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.

The above and foregoing Will of was declared by in our view and presence to be his/her Will and was signed and subscribed by the said in our view and presence and at his/her request and in the view and presence of and in the view and presence of each other, we, the undersigned, witnessed and attested the due execution of the Will of on this the day of , 20.

GEORGIA CERTIFICATION

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...

________________________________

Testator/Testatrix

Typed Name:

________________________________

WITNESS

________________________________

WITNESS

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

________________________________

NOTARY PUBLIC

My Commission Expires: