Last Will & Testament

It is one of the most important documents included in an estate plan.    A will is a document that outlines how you want your affairs to be handled and how your assets are to be distributed upon your death.  It may also include instructions for your funeral and burial.  To be valid, a will must be signed and witnessed according to specific Georgia law requirements.  If a person dies without a will, s/he is deemed to have died “intestate” and state laws will determine how and to whom the person’s assets will be distributed.   

 A will is filed with the probate court and does not take effect until after you die.     A judge must validate the will as part of a court process called probate. The will becomes a matter of public record since it is filed with the court. The probate court oversees the administration of the estate by the personal representative and resolves any disputes.   

You can name someone in your will to handle your estate called the personal representative, also known as the executor.  That person may be a family member, friend, or a professional.  You can also name legal guardians and/or conservators for your minor children in the event you die before they reach the age of eighteen (18).   If you die without a will or with a will without designated guardians, the probate court will determine who becomes the guardian of your children.  Our estate planning and probate attorneys can support you through this process.