Does a will have to be read by a lawyer?

Answer 1

No, a will does not have to be prepared by a lawyer; however, because of the technical legal requirements and the need for proper and legal phrasing in the clauses that will dispose of the property, lawyers can be very helpful.

A will, to be binding and effective, has to be clear and properly executed. That is difficult to do without the help of a lawyer.

If a will is not done correctly it might not have any legal effect. A defective will that does not have any effect generally costs a lot more than not having a will at all. That may result in the property passing by the rules of intestacy. The state will decide for you who gets your property.

Generic wills can be purchased online; unfortunately, the product may not do what one wants and a non-professional wouldn't know how to modify it correctly. Wills do not have to be drafted by lawyers. However, the will will be less likely to fail if a professional does it rather than a form from the internet. One needs to be careful.

Answer 2

No, there are on line sites that will walk you through one and there are books that provide the forms and how to do it. If you have a lot I would go to a lawyer, though just to make sure everything gets done that you want.

Answer 3

Not in Georgia.

First of all, when a person dies the family of the deceased should search for and find his will. They can read it to see what it says right then. There's no formality, no need to have a special ceremony to read it to a bunch of people gathered in one room.

Next, the will has to be probated in the Probate Court of that county where the deceased person lived (their normal home address, not the hospital or hospice where they might have spent their last days or weeks).

In this state, a will is filed with the Probate Court and notices are sent to anybody and everybody who has or might possibly have a claim on the estate.

You don't need a lawyer to handle the probating of the will, but it might be a good idea. It might save you a lot of time and aggravation, and minimize the risk of making a mistake in the process.