Did you move to Georgia recently? If so, did you already have a will in place when you moved? You might be thinking, “Do I need to update it? Do I need a new one?” The short answer is that you might.
The good news is that Georgia does recognize out of state wills if they are valid in the state where they were originally signed. Let’s say your previous state allowed handwritten wills or didn’t require witnesses, Georgia courts may still honor it… but it does get complicated.
Georgia still requires that wills be in writing, signed by the person making the will and witnessed by at least two competent adults. So, even if your will is technically valid, there are other reasons to review it. For example, you might have named a guardian or executor who does not live in Georgia. This may lead to delays or cause challenges in the future. Another reason is that Georgia’s probate process is different than other states. Georgia uses what’s called a ‘Petition to Probate in Solemn Form’ and your will might not align with how local courts operate. Finally, if your will references outdated tax codes or laws in a different state, those parts may no longer make sense.
More importantly, specific documents like your Advance Directive for Healthcare or Power of Attorney have to meet Georgia’s requirements to be effective. Many hospitals actually will not accept forms other than the Georgia specific forms.
Your Financial Power of Attorney should also follow Georgia’s statutory form, especially if you want banks and other institutions to honor it with no added hassle.
Ultimately, if you’ve moved to Georgia, have your estate plan reviewed. You may not need to start from scratch, but minor updates can save you and your family from big headaches down the road.
If we can help, give us a call at (404) 409-5665.
