A will must be written, signed by the testator (maker) and witnesses. The original copy is the legal document and must be signed. You may wish to have unsigned carbon copies available for your convenience.
In north Georgia a will, to be legal, must have at least two witnesses. The testator and the witnesses are required to be present at the signing, and each must see the others sign. The witnesses do not have to read it or know what it contains. However, they must be told by the testator that it is his or her will and asked to sign as witnesses.
The witnesses should be likely to outlive the testator and remain the community.
While the law permits a beneficiary to witness a will, it is recommended that a beneficiary witness is used only when a disinterested party is not available, in order to avoid future challenges as to conflict.
If the witnesses and the testator execute an affidavit before a Notary Public, it will not be necessary for either of the witnesses to appear in Surrogate Court at the time of Probate. Your attorney will prepare an Affidavit for signatures.
