Is an online Will reliable if it’s notarized?
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Is an online Will reliable if it’s notarized?
Asked on October 28, 2015 under Estate Planning, Georgia
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Using an online form to draft a Will is legal if it meets the requirements for a valid Will in the appropriate state.
In order to have a valid Will in GA: you must be at least 14 years old; you must have a decided and rational desire as to the disposition of your assets; you must execute your Will voluntarily; your Will must be in writing and signed by you; and your Will must be attested and signed in your presence by at least 2 competent witnesses.
Note: While most Wills contain the signature and seal of a notary, a notary is not required to make a valid Will. Although state law allows for a "self-proving affidavit". The benefit of having such an affidavit is that it eliminates the need for the witnesses to submit sworn statements to the probate court as to the validity of Will's execution. This can make the probate process simpler and quicker.
Here is a link to a site that you may find to be of help:
http://www.gabar.org/newsandpublications/consumerpamphlets/wills.cfm
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