What to Know For National “Make-A-Will” Month

What to Know For “Make-A-Will” Month

By Whitney Knox Lee, Esq.

August 4, 2025

August is National Make-A-Will Month, a perfect time to start (or revisit) your estate planning journey. While a Will is often the first step in protecting your family and assets, it’s not always the last. Throughout the month, I’ll be sharing practical tips and guidance through our Milestones newsletter, free seminars, and social media, so you can understand how Wills work and how to create a plan that reflects your life, values, and legacy.

What is a Will?

A Will is the legal document that you can use to divvy up your stuff after you die. It is also the document within which you nominate the person/people to be the legal guardians of your minor children or dependents. This is vital if your dependents have no other legal parent or guardian. Finally, in the Will you identify who you trust to handle the logistics of gifting your belongings and paying your debt (the “Executor” or “Executrix”).

Without making these desires known in a legal and enforceable document, other people will decide what happens to your possessions, who will care for your dependents, and who will take the job of Executor.

Sometimes this works out fine, other times it does not.

Scenario 1

For example, the case of Cynthia and her young daughter Josephine. Cynthia’s long-time (but unmarried) partner Jason suddenly died. He did not have a Will. Jason was like a father to Josephine. He was there when she was born and raised her as if she were his biological daughter. Jason loved his family deeply. Jason owned the home that the family lived in and would have wanted his family to stay in the home after he was gone.

However, Jason did not have a Will. Without a Will, Cynthia and Josephine were not entitled to inherit the home. Instead, Georgia law required that Jason’s closest blood relatives be given the home. Unfortunately for Cynthia, Jason’s closest relative was his mother, Darlene. Darlene did not like Cynthia and did not approve of the relationship. So when she inherited the home a few months after Jason’s sudden death, Darlene kicked Cynthia and Josephine out.

Cynthia called me two weeks later, after couch surfing with friends and trying to find stable housing for her and her daughter. She wanted my help accessing the life insurance death benefit that Jason left for Josephine. But that is a story for another day! The point is, without a Will, you have no say as to who gets any of your belongings or property; regardless of what your circumstances and relationships were before you pass away.

Similarly, just because you named someone your child’s godparent does not mean they have the legal authority to be a guardian of that child if you pass away. A Will gives you the chance to voice your wishes since you won’t be around to do it. 

If you had that opportunity, would you take it?

Are there multiple types of Wills?

There are two: Your standard Last Will and Testament, and a “Pour-Over Will.” The Pour-Over Will is for people who also have Living Trusts set up. The purpose of it is to “pour over” into the Trust any property or belongings of the person who passed away into the Trust. This type of Will still needs to go through the probate process and it’s really a back-up in case there is an issue with the Trust or someone forgot to make the Trust owner of all the assets.

Testamentary Trust

A testamentary trust is a Trust that is created by the court with authority from the Will document. It has some of the benefits of a Trust, like you can create a way for minor children to inherit money or property. But in order for the Trust to be created, the Will within which it is housed must be probated. Think of it like caramel in the middle of a chocolate candy. You have to go through the chocolate to get to the caramel. Same with a Testamentary Trust - you have to go through the Will to get to the Trust.

Can I make a Will myself?

Yes, but I wouldn’t. In Georgia there are a few requirements that must be met for a Will to be valid and legally enforceable:

1. It must be in writing (OCGA § 53-4-20(a))
2. The testator (person creating the Will) has to be 14 or older (O.C.G.A. § 53‑4‑10)
3. The testator has to sign the Will, (OCGA § 53-4-20(a)), and the signature must be observed and affirmed in writing to by two witnesses (who also must sign the Will) (OCGA § 53-4-20(b))
4. The document and decisions made within must be made freely and voluntarily (O.C.G.A. § 53‑4‑12)
5. You must have the required mental capacity (OCGA § 53-4-11)

Simple, but there is a lot of grey area. There’s also nuances to the Will that only an experienced attorney can identify. For instance, if you followed these steps, how do you know if the witnesses to the Will need to show up to Court when it’s probated? Can a person who can’t physically write have someone else sign for them? How do you know if the testator has the required mental capacity? Can someone make corrections to their Will by writing on it? What about so-called “Joint Wills?”

These are the questions and obstacles that we help you with!

Does a having a Will mean that my family won’t have to go through the Probate process?

One of the most common myths about a Will is that “If I have a Will, my family won’t have to go through the lengthy and expensive probate process.” Wrong. A Will does not avoid probate, in fact, it guarantees it. The Will provides the directions to the Probate Court Judge about who gets what, but it still requires a Judge to determine whether the Will is valid, and how the tasks should be carried out.

Probate is a public court process that can take 6-18 months or longer. An attorney is not required but can be helpful. If an attorney is hired, expect to pay them $3,000 - $10,000 even if no one challenges the Will. Sometimes though, a Will is challenged. Either by a creditor, a spouse, or some other relative or person claiming to be a relative. These challenges cause further delay and heartache, and add to the complexity, and therefore cost, of probate.

What happens if I don’t have a Will?

Georgia has a default Estate Plan for you if you don’t have one for yourself. If you have assets and/or debts that have to be divided, your loved ones would still need to go to Probate Court. The Judge would appoint an “Administrator” (which has the same role as an Executor but is appointed by a Judge instead of by the person who died) who would then carry out the tasks of closing your affairs. The Administrator could be a loved one. But it could also be a random stranger. They will dig into everything they can about you to decide if debt needs to be paid and how, and who are your closest relatives who get to inherit your assets.

Who needs a Will?

If you are a living person, over 18, with stuff, real property, minor children, or pets that you care about, then a Will can help you keep control of who gets what after you are gone.

What is the cost of getting a Will?

It depends on your unique circumstances, goals, geographic location, and whether you utilize the services of a licensed and knowledgeable attorney. If using an attorney, expect to spend $900 - $2,000 for your Will. What your estate saves by getting a Will is potentially thousands of dollars in legal fees during the probate process.