LAST WILL AND TESTAMENT

OF [TESTATOR FULL LEGAL NAME]

(Drafted for use in the State of Georgia)

[// GUIDANCE: This template is designed for a “simple” estate plan. Practitioners should confirm that it meets the client’s tax, creditor-protection, and guardianship objectives and update cross-references after customization.]

TABLE OF CONTENTS

1. Article I – Preliminary Declarations & Revocation
2. Article II – Definitions
3. Article III – Payment of Debts and Expenses
4. Article IV – Appointment of Personal Representative (Executor)
5. Article V – Specific Bequests
6. Article VI – Residuary Estate
7. Article VII – Guardianship of Minor Children (optional)
8. Article VIII – Fiduciary Powers, Indemnification & Liability Limitation
9. Article IX – No-Contest, Governing Law & Exclusive Forum
10. Article X – Miscellaneous Provisions
11. Execution & Witnessing Block (including Self-Proving Affidavit)

ARTICLE I

PRELIMINARY DECLARATIONS & REVOCATION

1.1 Identification. I, [TESTATOR FULL LEGAL NAME], of [STREET ADDRESS, CITY/COUNTY, GEORGIA], being of sound mind and at least fourteen (14) years of age, declare this to be my Last Will and Testament (“Will”) pursuant to O.C.G.A. §§ 53-4-20 et seq.

1.2 Revocation. I hereby revoke all prior wills and codicils executed by me.

1.3 Family Information. 
a. Spouse: [SPOUSE NAME].
b. Children: [LIST CHILDREN].
[// GUIDANCE: Delete lines not applicable. Add adopted or step-children as necessary.]

ARTICLE II

DEFINITIONS

Unless the context clearly requires otherwise, the following terms have the meanings set forth below:

“Administration Expenses” – All expenses of my estate’s administration, including fiduciary compensation, legal fees, accounting fees, and reasonable funeral expenses.

“Estate” – The property subject to this Will, as it may exist from time to time, together with all additions, substitutions, and accumulations.

“Executor” – The Personal Representative appointed under Article IV.

“Residuary Estate” – All property remaining after satisfaction of Articles III and V.

[// GUIDANCE: Add or delete definitions to suit the engagement.]

ARTICLE III

PAYMENT OF DEBTS AND EXPENSES

3.1 Direction to Pay. My Executor shall first pay all legally enforceable debts, Administration Expenses, and any estate, inheritance, or similar taxes assessed by reason of my death, without apportionment, from the Estate.

3.2 No Acceleration of Secured Debts. My Executor may continue to pay periodic installments on secured obligations rather than accelerate any balance, if the Executor determines that doing so is in the best interest of the Estate.

ARTICLE IV

APPOINTMENT OF PERSONAL REPRESENTATIVE (EXECUTOR)

4.1 Primary Executor. I nominate and appoint [PRIMARY EXECUTOR NAME] as Executor.

4.2 Successor Executor(s). If the Primary Executor is unwilling or unable to serve, I nominate [FIRST SUCCESSOR NAME], and, if necessary, [SECOND SUCCESSOR NAME].

4.3 Bond Waiver. No Executor shall be required to post bond or other security. (O.C.G.A. § 53-6-50 allows waiver by will.)

4.4 Independent Administration. My Executor shall have all powers of an independent personal representative to act without court order except as otherwise required by Georgia law.

ARTICLE V

SPECIFIC BEQUESTS

5.1 Tangible Personal Property. I give my tangible personal property as follows:

a. [ITEM] to [BENEFICIARY NAME];
b. [ITEM] to [BENEFICIARY NAME].

5.2 Memorandum. If I leave a written statement or list disposing of tangible personal property signed by me and dated, my Executor shall distribute such property accordingly. The memorandum, if any, is hereby incorporated by reference.

5.3 Cash or Other Specific Gifts. I give $[AMOUNT] to [BENEFICIARY NAME].

[// GUIDANCE: Delete Article V if no specific bequests are desired.]

ARTICLE VI

RESIDUARY ESTATE

6.1 Primary Disposition. I give my Residuary Estate to [PRIMARY RESIDUARY BENEFICIARY].

6.2 Alternate Disposition. If [PRIMARY RESIDUARY BENEFICIARY] does not survive me, I give the Residuary Estate to [ALTERNATE BENEFICIARY OR CLASS] in equal shares, per stirpes.

ARTICLE VII

GUARDIANSHIP OF MINOR CHILDREN (Skip if inapplicable)

7.1 Guardian. If at my death any of my children are minors, I nominate [GUARDIAN NAME] as Guardian of the person and property of such minor child(ren).

7.2 Successor Guardian. If the above-named Guardian cannot serve, I nominate [SUCCESSOR GUARDIAN].

[// GUIDANCE: Georgia courts retain ultimate discretion but give great deference to the Will.]

ARTICLE VIII

FIDUCIARY POWERS, INDEMNIFICATION & LIABILITY LIMITATION

8.1 Statutory & Common-Law Powers. My Executor shall have all powers granted under O.C.G.A. §§ 53-12-261 through 53-12-280 (incorporated by reference) and any additional powers granted by law.

8.2 Specific Powers. Without limiting the foregoing, the Executor may:
a. Sell estate assets for cash or on credit, with or without security;
b. Lease real or personal property for terms up to ten (10) years;
c. Exercise options, voting rights, or rights of conversion;
d. Settle or compromise claims;
e. Make distributions in cash or in kind, pro rata or non-pro rata, without adjustment for basis or valuation.

8.3 Indemnity. The Estate shall indemnify and hold the Executor harmless from any claim, loss, or liability arising from the good-faith administration of the Estate, and any such indemnity shall be satisfied solely out of Estate assets (“Liability Cap”).

8.4 Exculpation. No Executor shall be liable for any act or omission except for acts involving willful misconduct or gross negligence.

ARTICLE IX

NO-CONTEST, GOVERNING LAW & EXCLUSIVE FORUM

9.1 In Terrorem Clause. If any beneficiary (directly or indirectly) contests this Will or any of its provisions in any court other than the court specified in Section 9.2, that beneficiary shall forfeit any interest given to him or her under this Will, and such interest shall pass as though the contesting beneficiary had predeceased me. This clause is intended to be enforceable to the fullest extent permitted by O.C.G.A. § 53-12-22.

9.2 Governing Law; Forum Selection. This Will is to be construed and regulated in all respects by the laws of the State of Georgia. Exclusive jurisdiction and venue for any proceeding regarding this Will shall be in the [COUNTY] Probate Court, State of Georgia.

9.3 Injunctive Relief. The Executor is authorized to seek injunctive or declaratory relief to enforce Section 9.1 and to preserve Estate assets, without posting bond.

ARTICLE X

MISCELLANEOUS PROVISIONS

10.1 Simultaneous Death. If a beneficiary fails to survive me by at least thirty (30) days, that beneficiary shall be deemed to have predeceased me for all purposes of this Will.

10.2 Spendthrift Protection. To the extent permitted by law, all devises and bequests under this Will shall be free from the claims of creditors and shall not be subject to voluntary or involuntary alienation.

10.3 Gender & Number. Words of any gender include all genders; words in the singular include the plural and vice versa.

10.4 Headings. Headings are for convenience only and do not affect interpretation.

EXECUTION & WITNESSING BLOCK

(Conforming to O.C.G.A. §§ 53-4-20 and 53-4-21)

I, [TESTATOR FULL LEGAL NAME], sign my name to this Will on the date indicated below and, being first duly sworn, do hereby declare to the undersigned witnesses that I sign willingly, that I execute it as my free and voluntary act for the purposes expressed herein, and that I am eighteen (18) years of age or older*, of sound mind, and under no constraint or undue influence.

Date: ___ / ___ / 20___

______
[TESTATOR FULL LEGAL NAME], Testator

ATTESTATION CLAUSE

Signed, sealed, published, and declared by [TESTATOR FULL LEGAL NAME] as his/her Last Will and Testament in our presence, and we, at the Testator’s request and in the Testator’s presence and in the presence of each other, have hereunto subscribed our names as witnesses, all being of lawful age and not named as beneficiaries herein.

[// GUIDANCE: Georgia requires at least two competent witnesses age 14+. More may be used for redundancy.]

SELF-PROVING AFFIDAVIT

(O.C.G.A. § 53-4-24)

STATE OF GEORGIA )
COUNTY OF _ )

Before me, the undersigned authority, on this day personally appeared [TESTATOR NAME], [WITNESS 1 NAME], and [WITNESS 2 NAME], who, being duly sworn, do hereby declare to me under oath that the Testator willingly signed and executed the foregoing instrument as the Testator’s Last Will and Testament, that each witness, in the presence and at the request of the Testator and in the presence of each other, signed the Will as witness; and that, to the best of the knowledge of each affiant, the Testator was at that time eighteen (18) years of age or older*, of sound mind, and under no constraint or undue influence.

Subscribed, sworn to, and acknowledged before me by [TESTATOR NAME], the Testator, and subscribed and sworn to before me by [WITNESS 1 NAME] and [WITNESS 2 NAME], witnesses, this ___ day of _, 20.

______
Notary Public, State of Georgia
My commission expires: ____
(Seal)

* Under Georgia law, an individual may execute a will at fourteen (14) years of age or older (O.C.G.A. § 53-4-20), but practitioners commonly confirm majority for practical reasons.

[// GUIDANCE: After execution, lodge the original Will with the Testator, provide copies to fiduciaries, and, if desired, deposit an additional copy with the Probate Court pursuant to local practice. Confirm county-specific probate procedures.]