Wills Fact Sheet
by: Georgia Department of Human Resources, Division of Aging Services
WILLS FACT SHEET
Ellie Crosby Georgia Senior Legal Hotline A Project of the Atlanta Legal Aid Society, Inc. Last Revised: November 2003
What is a Will?
A will is a document that you use to say what you want to have happen to your property after you die. A person making a will is called a "testator."
What happens if I die without a will?
If you die without a will, your property will be distributed according to Georgia's intestate law. "Intestate" is when a person dies without a will. If you die without a will, then your property will be distributed to your spouse and your children. They will inherit equally, although your spouse will inherit at least 1/3 of your estate, no matter how many children you have.. If one of your children dies before you do, then his or her children will inherit his or her share equally. If you do not have a spouse or children, your parents will inherit and if your parents die before you do, then your brothers and sisters will inherit equally. If one of them dies before you do, then his or her children will inherit his or her share equally.
What property can I give away in my will?
You can use your will to say how you want any property that you own to be divided. This includes real property or land and personal property such as furniture, clothing, dishes, pictures and jewelry.
Who takes care of things after I die?
When you make a will, you will also select a person to carry out your wishes for you after you die. This person is called the "Executor." If you die without a will, then someone will need to petition the court to administer your estate. This person is called the "Administrator." An Executor and an Administrator are also sometimes called "Personal Representatives." They take care of matters dealing with your estate under the guidance and supervision of the probate court.
Will going to Probate Court cost a lot of money?
Generally it will not cost a lot of money to go through the probate process. The probate court tries to make it easy for your family or friends to handle your affairs. They can provide you with the forms and other information. It is a good idea to speak with an attorney about these matters however. If you are 60 or older, the Georgia Senior Legal Hotline can provide you with legal advice and information over the phone at no cost.
For more information please contact the Atlanta Legal Aid Society or Georgia Legal Services Program office nearest you.
For Clayton, Cobb, Dekalb, Fulton, and Gwinnett Counties, call Atlanta Legal Aid Society: 404-524-5811
For all other counties, call Georgia Legal Services Program: 1-800-498-9469 (toll free)
For Seniors age 60 and older, call the Georgia Senior Legal Hotline: 1-888-257-9519 (toll free)
Ellie Crosby Georgia Senior Legal Hotline A Project of the Atlanta Legal Aid Society, Inc. Last Revised: November 2003
Last Reviewed On: 11/25/03
Copyright and Use Notice
This material is copyrighted by either Atlanta Legal Aid Society, Inc. ("Legal Aid") or Georgia Legal Services Program ("GLSP"). Legal information can change rapidly. Provided links are kept updated, permission is given to link to this material from a nonprofit, court or government website. Website material may be printed, copied and distributed only in its original format for non-commercial, informational purposes. The material may not be altered from its original format. Reproducing the material to promote a commercial purpose is expressly prohibited. Commercial enterprises are expressly forbidden from linking to our material or using our material in other ways. Legal Aid and GLSP are not liable for the distribution of out-of-date material or links. To inquire about appropriate use of this material, please contact 404-524-5811.
Information Not Legal Advice
LegalAid-GA.org provides general information only. This is not legal advice and cannot replace legal advice. You can get legal advice only from a lawyer. Deadlines are extremely important in most legal matters. You may lose important legal rights if you do not hire an attorney immediately to advise you. Viewing this web site or sending an e-mail message through this web site does NOT create an attorney-client relationship.
Copyright and Use Notice
This material is copyrighted by the authoring organization or individual. Legal information can change rapidly. Provided links are kept updated, permission is given to link to this material from a nonprofit, court or government website. Website material may be printed, copied and distributed only in its original format for non-commercial, informational purposes. The material may not be altered from its original format. Reproducing the material to promote a commercial purpose is expressly prohibited. Commercial enterprises are expressly forbidden from linking to our material or using our material in other ways. Legal Aid and GLSP are not liable for the distribution of out-of-date material or links. To inquire about appropriate use of this material, please contact 404-524-5811.
Information Not Legal Advice
LegalAid-GA.org provides general information only. This is not legal advice and cannot replace legal advice. You can get legal advice only from a lawyer. Deadlines are extremely important in most legal matters. You may lose important legal rights if you do not hire an attorney immediately to advise you. Viewing this web site or sending an e-mail message through this web site does NOT create an attorney-client relationship.
LegalAid-GA is a project of the Atlanta Legal Aid Society, the Georgia Legal Services Program and the Pro Bono Project of the State Bar of Georgia. This website was produced with funding from the Legal Services Corporation.
