Georgia Estate Planning Drafting Software for Attorneys

Financial powers of attorney follow the statutory form in O.C.G.A. § 10-6B-70. Under O.C.G.A. § 10-6B-5, the power of attorney is signed by the principal, attested by a witness who is not an agent, and attested by a notary who is not the witness. A person asked to accept an attested statutory form power of attorney must accept it or request a certification, translation, or opinion of counsel within seven business days under O.C.G.A. § 10-6B-20.

The advance directive follows the statutory form in O.C.G.A. § 31-32-4: Part One appoints a health care agent, Part Two records treatment preferences, Part Three nominates a guardian, and Part Four holds the signatures. It includes the signature blocks for the two witnesses required by O.C.G.A. § 31-32-5. A HIPAA authorization and a hospital visitation authorization can be added.

Georgia allows real estate to pass on death through a recorded transfer-on-death deed under O.C.G.A. Chapter 44-17. The deed follows the form in O.C.G.A. § 44-17-3 and must be recorded before the owner's death. Ownership passes to each beneficiary once that beneficiary executes and records an acceptance affidavit with a copy of the death certificate (O.C.G.A. § 44-17-2(c)–(e)). A later sale or conveyance of the property to a trustee of the owner's trust revokes the deed (O.C.G.A. § 44-17-4(d)).

Wills include the attestation of two witnesses under O.C.G.A. § 53-4-20, with an optional self-proving affidavit under O.C.G.A. § 53-4-24. Clients with minor children can nominate testamentary guardians in the will (O.C.G.A. § 29-2-4) and sign a Power of Attorney for the Care of a Minor Child under O.C.G.A. § 19-9-120 et seq.

Revocable living trusts are drafted for individual settlors, married couples with a joint trust, or couples who want separate reciprocal trusts, under the Revised Georgia Trust Code of 2010. Each trust comes with a certification of trust under O.C.G.A. § 53-12-280, so third parties can rely on the trustee's authority without seeing the dispositive provisions.

1. Intake and client questionnaire

Collect family, fiduciary, asset, and real property information through the attorney interview or a client questionnaire whose reviewed answers sync into the interview.

2. Trust, will, and powers drafting

Draft individual, joint, or reciprocal revocable living trusts, pour-over or standalone wills, the Georgia statutory form power of attorney or a long-form durable power of attorney, and the Georgia Advance Directive for Health Care.

3. Deeds and trust funding

Prepare draft warranty and quitclaim deeds with a PT-61 preparation worksheet, transfer-on-death deeds, along with a certification of trust, assignment of personal property, funding instructions, and transfer letters for bank, brokerage, life insurance, and business interests. Vehicle transfers can include a prepared Georgia MV-1 title and tag application.

4. Medicaid and special needs planning

When a client needs it, add a Qualified Income Trust, a Medicaid asset protection trust, or a special needs trust to the plan.

5. Attorney review and execution

Review the complete package and finalize it in Word. Signing pages carry Georgia witness and notary blocks, and the package includes a signing guide for the execution meeting.

Petitions to probate a will in solemn form (GPCSF 5, 7, and 8) or common form (GPCSF 4), with the bond and report waiver petition (GPCSF 32), leave to sell (GPCSF 13), and discharge (GPCSF 33).

Intestate administration (GPCSF 3) and temporary letters of administration (GPCSF 2), with the administrator's bond (GPCSF 21) and supplemental county forms such as inventories and annual returns.

Petition for an order declaring no administration necessary under O.C.G.A. § 53-2-40 (GPCSF 9), for intestate estates where the heirs agree on the division of the estate.

Petition for year's support for a surviving spouse or minor children under O.C.G.A. § 53-3-1 et seq. (GPCSF 10), and the petition to convey or encumber year's-support real property (GPCSF 17).