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What steps do I need to take to properly draft and execute a valid will in Georgia?

To properly draft and execute a valid will in Georgia, there are several steps that an individual should take:

  1. Determine the contents of the will - Before beginning to draft the will, the individual should decide what assets and property they want to distribute and who they want to receive those assets.
  2. Choose an executor - The executor is the person who will manage the distribution of the assets according to the will. It is important to choose someone who is trustworthy and capable of managing the process.
  3. Draft the will - The will should be drafted in writing and signed by the individual in the presence of two witnesses who are not beneficiaries named in the will. Georgia law also allows for a “self-proving affidavit” to accompany the will, which is a sworn statement signed by the individual and witnesses before a notary public. This can simplify the probate process later on.
  4. Execute the will - The will should be signed by the individual in the presence of the witnesses. The witnesses should also sign the will to attest to the individual’s signature and acknowledgement of the contents of the will.
  5. Store the will - It is important to store the will in a safe place, such as a fireproof safe or with an attorney. The executor and close family members should also be informed of the location of the will.

It is important to note that certain assets, such as life insurance policies and retirement accounts, may not be controlled by a will and require separate beneficiary designations. Additionally, the will may be contested if it appears to have been executed under duress or if the individual was not competent at the time of signing. It is advisable to consult with an attorney to ensure that the will is properly drafted and executed to avoid any potential legal challenges.