Legal Question in Wills and Trusts in Georgia

Am I required to have witnesses of signature on my will or does a notary ok? I live in Georgia


Asked on 8/28/16, 11:35 pm

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Witnesses are required. A will without both witnesses and a separate notarized self attestation page is by far the best choice. Most wills you find online or from forms are garbage and are likely to be invalid. It is thus utterly foolish to avoid the very low fee many lawyers charge to simply do one.

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Answered on 8/28/16, 11:50 pm

Notary is not required but is a good idea to make your will self proving. Two witnesses ARE absolutely necessary or else your will is going to be a nullity and invalid. In addition, it is a peculiarity of Georgia law that everyone must sign the will in front of each other and the notary. I suggest you all troop down to the UPS store (they have a notary) and sign in front of each other and the notary if you insist on doing this yourself.

As noted by Attorney Ashman, wills are not all that expensive. Forms are better than nothing but I have found some to be incorrect and do not take into account peculiarities of state law (like the one I mentioned about signing in front of each other). Only a GA attorney will know stuff like that. Do yourself and your loved one's a favor - don't be cheap and try to save yourself a few bucks only to end up leaving your survivors a legal battle/mess costing thousands. Don't let your legacy be a lawsuit. Consult an experienced estate planning attorney. This is really important if you have any kind of special situation (blended families, separated from spouse, disinheriting someone etc.).

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Answered on 8/29/16, 10:32 am


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