Wills & Estates Questions with 100% Verified Answers Latest
Update
Question: Answer:
Decedent The general term for a property owner who has died.
Question: Answer:
Nonprobate property Property that passes in accordance with a governing instrument
other than a will.
Question: Answer:
Codicil A testamentary instrument that amends, alters, or revokes an
underlying will.
Question: Answer:
Testator A person who has died with a valid will in place.
Question: Answer:
Heirs Individuals who receive property under the laws of intestate
succession.
Question: Answer:
Simultaneous death rule for joint tenancy One-half of the property passes through each joint tenant's estate.
Question: Answer:
Posthumously born child (Georgia rule) A child born within ten months of decedent's death who survives 120
hours.
,Question: Answer:
Virtual adoption - Legal fiction that there is a relationship between the person having
custody of the child
and the individual caring for the child
- Standard of Proof: Clear and convincing evidence of performance of
the custodial
contract.
Question: Answer:
Executor A personal representative nominated under the terms of a valid will.
Question: Answer:
Intestate succession The default statutory scheme directing the disposition of an intestate
decedent's
property.
Question: Answer:
Surviving spouse share (with descendants) Shared with descendants, but the spouse's share must be at least
one-third.
Question: Answer:
Georgia representation model Strict per stirpes model of representation to calculate shares.
Question: Answer:
Initial division in per stirpes Made at the closest generational level with surviving children or
predeceased children
with descendants.
Question: Answer:
Advancement A lifetime gift that reduces the heir's ultimate intestate share.
Question: Answer:
Advancement writing requirement Must be declared or acknowledged in a writing signed by the testator
or transferee.
, Question: Answer:
Slayer statute effect on inheritance The slayer is barred from inheriting and is treated as having
predeceased the decedent.
Question: Answer:
Will types not recognized in Georgia Notarized wills, holographic wills, and oral (nuncupative) wills are not
recognized.
Question: Answer:
Age requirement for a testator in Georgia Fourteen years of age or older.
Question: Answer:
Testator signature location best practice The end of the will, though Georgia has no strict location
requirement.
Question: Answer:
Testamentary capacity standard Lower than the capacity to contract but higher than the capacity to
marry.
Question: Answer:
Georgia test for witness presence The line-of-sight test: testator & witnesses must observe OR have the
opportunity to
observe the signing (same room, same time)
Question: Answer:
Interested witness gift rule The witness remains competent, but their testamentary gift is void.
Update
Question: Answer:
Decedent The general term for a property owner who has died.
Question: Answer:
Nonprobate property Property that passes in accordance with a governing instrument
other than a will.
Question: Answer:
Codicil A testamentary instrument that amends, alters, or revokes an
underlying will.
Question: Answer:
Testator A person who has died with a valid will in place.
Question: Answer:
Heirs Individuals who receive property under the laws of intestate
succession.
Question: Answer:
Simultaneous death rule for joint tenancy One-half of the property passes through each joint tenant's estate.
Question: Answer:
Posthumously born child (Georgia rule) A child born within ten months of decedent's death who survives 120
hours.
,Question: Answer:
Virtual adoption - Legal fiction that there is a relationship between the person having
custody of the child
and the individual caring for the child
- Standard of Proof: Clear and convincing evidence of performance of
the custodial
contract.
Question: Answer:
Executor A personal representative nominated under the terms of a valid will.
Question: Answer:
Intestate succession The default statutory scheme directing the disposition of an intestate
decedent's
property.
Question: Answer:
Surviving spouse share (with descendants) Shared with descendants, but the spouse's share must be at least
one-third.
Question: Answer:
Georgia representation model Strict per stirpes model of representation to calculate shares.
Question: Answer:
Initial division in per stirpes Made at the closest generational level with surviving children or
predeceased children
with descendants.
Question: Answer:
Advancement A lifetime gift that reduces the heir's ultimate intestate share.
Question: Answer:
Advancement writing requirement Must be declared or acknowledged in a writing signed by the testator
or transferee.
, Question: Answer:
Slayer statute effect on inheritance The slayer is barred from inheriting and is treated as having
predeceased the decedent.
Question: Answer:
Will types not recognized in Georgia Notarized wills, holographic wills, and oral (nuncupative) wills are not
recognized.
Question: Answer:
Age requirement for a testator in Georgia Fourteen years of age or older.
Question: Answer:
Testator signature location best practice The end of the will, though Georgia has no strict location
requirement.
Question: Answer:
Testamentary capacity standard Lower than the capacity to contract but higher than the capacity to
marry.
Question: Answer:
Georgia test for witness presence The line-of-sight test: testator & witnesses must observe OR have the
opportunity to
observe the signing (same room, same time)
Question: Answer:
Interested witness gift rule The witness remains competent, but their testamentary gift is void.
