The validity of a will is critical to the protection of heirs and other beneficiaries and the legacy of the person who died. They can also be used to name legal guardians for children and those who will administer the estate. Adults who invest in estate planning generally want to ensure that their documents meet all legal requirements and can survive any challenges that might be brought against them in probate court.
Many critical legal documents, such as deeds, require notarization. A notary has a stamp provided by the state that serves to authenticate a document. Notaries review state-issued identification and apply a stamp to help validate critical paperwork and the identity of the person signing. Is notarization necessary for those drafting wills in Georgia?
Wills require witnesses but not notarization
In Georgia, there is no requirement to have a notary present for the signing of a will. Georgia state law does require the presence of two competent witnesses.
Those witnesses can affirm the identity of the testator if there is ever a question about the validity of the will later. They can also testify about the mental state of the testator if there are concerns about their capacity or the possibility of undue influence.
Many people intentionally arrange to have outside parties act as their witnesses, but Georgia does not specifically require disinterested witnesses. Even family members can witness a will signing if necessary.
One of the many advantages of having experienced estate planning guidance in putting a will and other estate plan documents in place is that a legal professional can insure that the signing is properly witnessed. Appropriate signatures and the right language can make all the difference in helping ensure that an estate plan is valid.