What is a holographic will?
A holographic will is a handwritten and testator-signed document that serves an alternative to a will created by an attorney. There are states across the U.S. that permit holographic wills, but each one has specific requirements. When you write your will, it’s likely that you will have a notarial will.
Holographic wills differ from notarial wills because they are completely written, dated and signed by the testator. In contrast, notarial wills require at least two credible witnesses and should be acknowledged by a notary public to verify that it was made by the testator.
Are holographic wills legal in Georgia?
Holographic wills aren’t accepted in the state of Georgia. In general, a holographic will must be written in the decedent’s own handwriting and meet the specific legal requirements of the testator’s state. In special circumstances, like when someone in the military is stationed overseas, holographic wills may be accepted.
Today’s world is driven by technology and sending a digital version of a handwritten will via text message or email may seem convenient and straightforward. But there are complex legal requirements for estate planning in Georgia and they need to be considered as you plan your for your will. Despite the ubiquity of smart phones and mobile devices, digital communications don’t typically meet the requirements of a valid will.
Wills serve an important purpose
Wills are meant to legally ensure that a deceased person’s wishes are honored and that their assets are distributed according to their plans. It’s best to meet with an experienced attorney who can guide you through the estate planning process. This way, you can ensure that your assets will be distributed in accordance with your wishes and any outstanding tax or legal issues are taken into consideration in advance.
When you work with an estate planning attorney, you name a trusted executor and stipulate who will receive your assets. Your attorney will help you determine how distributions will take place and make sure that all of your tax obligations are met. Your estate planning attorney will help save you and your family from the stress of unforeseen expenses.
Estate planning and wills in Georgia
Morgan & DiSalvo, P.C., are experts in estate and tax planning in the state of Georgia. Estate, gift, and tax requirements are complicated, and every case is unique. Our attorneys can help you navigate your Georgia estate tax rules and all preparations required.
Our firm is committed to helping you plan for the inevitable so that you know your affairs will be in order. We are passionate about estate planning and elder law in the state of Georgia and we’re here to help educate you about estate planning laws in Georgia. Our firm is dedicated to supporting you as you make decisions about what’s best for you and your loved ones.
We regularly post educational resources about estate planning, wills, power of attorney, and trusts in Georgia on our website.
If you’d like to schedule a consultation about estate planning in the state of Georgia, start here.