Typically, several key roles are critical for a last will to be valid, but it all begins and ends with the testator. Without the testator, there would be no last will and testament.
Therefore, it’s important to understand what a testator is, their responsibilities, and what you should need to know about this role.
A testator is someone who makes a will to dispose of their personal property and bank accounts after death.
The term “testator” comes from the Latin meaning “one who makes a will or one who bears witness”.
From both estate planning and probate points of view, the testator is the person who created his or her own will and other estate planning documents. In order to express their wishes about how the assets of their estate will be distributed and who will take care of the dependents after they pass away.
Requirements for who can be considered a testator are determined by state-by-state laws. However, under Georgia law, you may create a will if you are 14 years or older and have the testamentary capacity.
Georgia Code § 53-4-10(a) states that “every individual 14 years of age or older may make a will unless laboring under some legal disability arising either from a want of capacity or a want of perfect liberty of action”.
This means that you would need to have sufficient mental capacity to understand:
Even if it’s not mandatory in Georgia, getting your will notarized is typically a good idea.
Notarizing your will can also make the probate process smoother and quicker, easing things for your loved ones after you pass away.
A testator’s key responsibility is to create a thorough and comprehensive will that can’t be challenged in court.
The testament’s validity is crucial because it comes into play after the testator’s death: At that time if the will is declared invalid, nothing can be changed.
The primary purpose of a testament is to provide both the surviving family members and the court with information about what you would like them to do and how your estate will be distributed after your death.
As a testator, here are some of your responsibilities:
Ensuring their will is considered valid is one of the main ways the testators could demonstrate their testamentary capacity.
In Georgia, a part of validating the will means that the testator signs it in the presence of two witnesses, who also sign the testament themselves and attach their contact data.
It is worth mentioning that each state has its own set of rules regarding will validation. Whatever the requirements, be sure to satisfy them so that your will holds up in the court of law.
Another essential and desired outcome of a will is to be comprehensive enough to provide the family and the probate court with all the necessary information to settle the deceased’s estate as easily as possible.
Therefore, your intention about distributing the inheritance after your death should be clear and thorough so that your family does not have to guess your wishes.
When the provisions in the will are unusual, you should also leave explanations about them. This will typically not only prevent disputes between beneficiaries but also provide context if the will is contested.
As the testator, you should make it as simple as possible for your loved ones to settle your estate after you pass away.
Therefore, you should take advantage of your testament and nominate one executor or several co-executors of your will to administer the bequest and leave them comprehensive instructions to follow.
They should be individuals or entities you trust that will remain neutral during the probate process.
They would not just supervise the process of paying the outstanding debts out of your estate, but they would also be responsible for distributing property and assets to your heirs.
If you have dependent minor or adult children, disabled persons, or pets, you may use the will to designate guardians who will take care of them after your death.
If you don’t do this, the court will appoint guardians using state law. In order to express your desires concerning who will look after your loved ones, you should take absolute care in naming a guardian of your choice.
As a testator, you should keep the will up-to-date and in a safe place. You could store your physical testament in many locations – from a safe or a locked cabinet in your home to a deposit box in a bank.
Regardless of the place you choose to keep your will, you should inform the executor or a person you trust where you can find your testament after you die.
It would also be helpful to gather all the documents about your liabilities and assets and store them together with your will or in another location so that the executor or the family member would not be forced to do extensive research to find the information related to your estate.
Last but not least, sharing information about your will with your loved ones is recommended.
Even though this subject could be debated, if you let your loved ones know that you have a testament in place, you might be able to pre-empt or avoid potential problems and challenges related to the probate process.
Both testator and testatrix refer to persons who create their wills.
Testatrix is the old-fashioned term used to describe a female individual who created a will to distribute her estate after death, while testator was used when referring to a man who made the will.
In modern usage, “testator” is an all-inclusive term that refers to both females and males.
As mentioned before, the person creating his or her will is known as a testator. The testator names an executor in their will. A testator is never called an executor.
After being appointed by the probate court, the personal representative has the legal duty to settle the testator’s estate, making sure that all outstanding creditors are paid and the named beneficiary or beneficiaries receive their assets of the bequest according to the will.
Other responsibilities of an executor might be:
A testator is the person who draws up and signs a will and designates an executor to ensure that their wishes regarding the distribution of their assets and care of the dependents are legally documented and respected after their death.
Properly addressing these responsibilities, the testator facilitates a smoother probate process, providing the loved ones with clarity and peace of mind. This might help protect his legacy and minimize potential disputes between the surviving family members, ensuring their final wishes are honored.
If you want to know more about what is a testator or just being nominated as an estate executor, please feel free to contact our office at (770) 796-4582 to set up a consultation with one of our team members.
Disclaimer These websites have not been reviewed by Georgia Probate Law Group and are not endorsed or even recommended by Georgia Probate Law Group. These websites are additional resources that you can use to further your general education on this topic.
Disclaimer: The information above is provided for general information only and should not be considered legal advice. Our probate attorneys provide legal advice to our clients after talking about the specific circumstances of the client’s situation. Our law firm cannot give you legal advice unless we understand your situation by talking with you. Please contact our law office to receive specific information about your situation.
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