Is my “Will” sufficient, and will my family have to go through “Probate”?

While the Uniform Probate Code, and about half of the states recognize holographic wills (signed by the testator but not witnessed), Georgia does not. A Georgia Will must be in writing, signed by the testator (or by another person in his presence and by his direction), and attested to by 2 or more competent witnesses.


Regardless of whether you passed with or without a will, and if your will may be considered valid or invalid, your loved ones will need to go to probate court. However, if your will was well drafted by an attorney, you may not need to continually seek court approval and appear before a probate judge. Additionally, if you have made a comprehensive estate plan, you may avoid probate altogether. Therefore, it is important to have an attorney guide you through this process. Here, at Thomas Walters Estate Planning Firm, if you need help with a loved ones probate, I can help you notify potential beneficiaries, file and pay estate taxes (if applicable), distribute estate assets, and close out the estate. If you would like to discuss ways that you can avoid probate, I can help you meet these goals too.