Estate and Probate

Information Form For A Simple Will

This form is an information form/questionnaire provided to you by the law firm of ROWEN & KLONOSKI, P.C., in order to obtain information necessary to draft a simple will in Georgia. It is not meant to provide legal advice to you. Nor is this meant to establish an attorney/client relationship. Please consult an attorney to advise you on probate matters and to help you determine what type of will is appropriate for you.

If you are married, two wills should be completed, one for the husband, and one for the wife. The information below should be completed with this in mind. Please complete the information on separate sheets, one to indicate the husband's information, and one to indicate the wife's information. When listing legal names for you, your spouse, children, executor, etc., please include any suffixes (Jr., Sr., III, etc.).

NAME OF TESTATOR ____________________________________________________
(Your legal name including suffixes (Jr., Sr., III, etc.)

1. MARRIAGE AND CHILDREN:

Legal name of husband/wife: ___________________________________________

Legal name of child(ren) Date of birth (under age 18).
_________________________________________ ___________________
_________________________________________ ___________________
_________________________________________ ___________________
_________________________________________ ___________________

2. EXECUTOR

Name of executor and successor executor (the person who will take care of the business of probating the will, collecting the assets and distributing them according to the will, paying the debts of the estate.) This should be a person who has the ability to deal with the financial and business aspects of collecting and distributing the assets of the estate, and paying the debts of the estate. Include the relationship of executor and successor executor to testator (husband, wife, son, daughter, sister, brother, etc.). Use legal names.

The Executor can also be a beneficiary under the will.

EXECUTOR:_______________________________________________

RELATIONSHIP: __________________________________

SUCCESSOR EXECUTOR___________________________________________

RELATIONSHIP: __________________________________

3. FUNERAL AND BURIAL ARRANGEMENTS

Please indicate any special burial/cremation instructions (or leave to the discretion of your executor) __________________________________________________
____________________________________________________________________

4. SPECIAL BEQUESTS

(Furniture, personal belongings, charity, collections, jewelry, etc.)

Name beneficiary(ies), relationship, and special bequest (property) including any specific parcel of real property, such as your home.

Name: ___________________________________________________________

Relationship: ___________________________________________

Property: ___________________________________________________________
__________________________________________________________
___________________________________________________________

In case the beneficiary pre-deceases you, should the property go to the beneficiary's heirs, to someone else, or lapse and be included in remainder of estate? _________________
_______________________________________________________________________ _______________________________________________________________________

5. ALL REMAINING PROPERTY

The remainder of your estate after special bequests and payment of debts and taxes goes to the beneficiary(ies) named below. Indicate successor beneficiary(ies) in case the initial beneficiary pre-deceases you. Use legal names, including suffixes (Jr., Sr., III, etc.).

BENEFICIARY(IES):___________________________________________________

RELATIONSHIP: ____________________________________

SUCCESSOR

BENEFICIARY(IES):__________________________________________________

RELATIONSHIP: ____________________________________

6. MINOR CHILDREN

A will is automatically revoked by the birth of a child, unless specifically stated that it will not be. What is your preference?________________________________________
______________________________________________________________________

TRUSTEE

Anything left to minors can be left in a minor trust. Who will be the trustee and successor trustee of that trust? Please indicate legal names of trustee and children. At what age do you want the children to receive the proceeds from the trust (can be at 18, 21, 25, etc. or can be split - certain % at various ages.)

TRUSTEE: _________________________________________________________

RELATIONSHIP: ____________________________________

SUCCESSOR TRUSTEE: _____________________________________________

RELATIONSHIP: ____________________________________

AGE TO RECEIVE PROCEEDS: _______________________________________

GUARDIAN

Guardian of person of minor children. (The guardian will automatically be the remaining parent, but if that parent is deceased or not able to take care of the child(ren), then you may state a preference as to who the guardian will be)

GUARDIAN: ___________________________________________________

RELATIONSHIP: ____________________________________

7. ASSETS

Determine all of your assets and the approximate value of each, including home equity, retirement accounts, insurance policies, bank and brokerage accounts, interests in businesses, life estates, etc. If your total assets, including life insurance proceeds, retirement plans, and equity in your home exceed $1 million ($1,000,000), you may need something other than a simple will. If this is the case, please indicate:

______ YES (Assets exceed $1 million) _____NO (Assets do not exceed $1 million)

MARITAL RESIDENCE

Address:_____________________________________________________________
_____________________________________________________________

Home Equity: ____________________________________________

Ownership (Joint, etc.)___________________________________

List below your retirement accounts, insurance policies, bank and brokerage accounts, interests in businesses, life estates, other property, and approximate values of accounts:

Please be aware that insurance policies and retirement plans, although included in your Estate for tax purposes, pass by beneficiary and are not necessarily probate assets. Please check with your Human Resources Department or insurance company to make sure that your beneficiaries are correctly listed.

Links:

Simple Will Questionnaire
Georgia Probate and Estate Checklist
Out of the State of Georgia Probate Issues
Out of the State of Georgia Decedent with Property in Georgia
Contingency Fee Contracts with Minor Clients