Simple Will - Georgia

LAST WILL AND TESTAMENT

OF [TESTATOR FULL LEGAL NAME]

(Drafted for use in the State of Georgia)

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 & 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. §§ 53-4-10 (minimum age) and 53-4-11 (testamentary capacity). This Will shall be executed in accordance with the formalities of O.C.G.A. § 53-4-20.

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].

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.

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. This waiver is effected through incorporation of the fiduciary powers enumerated in O.C.G.A. § 53-12-261 (which include the power of a personal representative to serve without giving bond), as authorized for incorporation into a will by O.C.G.A. § 53-12-263. (O.C.G.A. § 53-6-50 requires bond for personal representatives of intestate estates and temporary administrators and does not itself impose a bond requirement here.)

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].

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].

ARTICLE VIII

FIDUCIARY POWERS, INDEMNIFICATION & LIABILITY LIMITATION

8.1 Statutory & Common-Law Powers. My Executor shall have all powers set forth in O.C.G.A. § 53-12-261 (powers of trustees), which are hereby incorporated into this Will by reference as expressly permitted by O.C.G.A. § 53-12-263, together with any additional powers granted by law, including O.C.G.A. § 53-7-1 (general powers and duties of a personal representative).

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 & FORUM

9.1 In Terrorem Clause. If any beneficiary, directly or indirectly, contests the validity of this Will or any of its provisions, or seeks to prevent any provision of this Will from being carried out in accordance with its terms, 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 without surviving issue, to be distributed as part of my Residuary Estate under Article VI. This direction as to the disposition of a forfeited interest is required for this condition in terrorem to have any effect at all: under O.C.G.A. § 53-4-68(b), a condition in terrorem is void unless the Will directs how the forfeited property is to be disposed of. Consistent with O.C.G.A. § 53-4-68(c), this Section shall NOT be enforced against, and shall not cause a forfeiture by, any beneficiary for: (1) bringing an action for the interpretation or enforcement of this Will; (2) bringing an action for an accounting, for removal, or for other relief against my Executor; or (3) entering into a settlement agreement concerning this Will or my estate.

9.2 Governing Law; Forum. This Will shall be construed and regulated in all respects by the laws of the State of Georgia. Probate of this Will lies exclusively with the Probate Court of [COUNTY], Georgia, as provided in O.C.G.A. § 53-5-1(a). Petitions for construction or interpretation of this Will, declaratory relief involving my Executor, actions concerning the administration of my Estate, and approval of settlement agreements affecting my Estate are within the concurrent jurisdiction of the Probate Court of [COUNTY] and the Superior Court of [COUNTY], Georgia, under O.C.G.A. § 15-9-127, to the extent such probate court jurisdiction does not infringe the Superior Court's exclusive jurisdiction under Article VI, Section IV, Paragraph I of the Georgia Constitution.

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 fourteen (14) years of age or older (see O.C.G.A. § 53-4-10), 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.

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 fourteen (14) years of age or older (see O.C.G.A. § 53-4-10), 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. § 53-4-10), but practitioners commonly confirm majority for practical reasons.