The importance of the will

As I stood in the receiving line at the United Methodist Church in Perry last Sunday that extended out the church and around the block, to pay my respects to the family of my longtime friend and attorney, David Walker, a thought struck me that felt perfect for this week’s column. 

David, who passed away peacefully on February 6 at the age of 78, was not just a legal advisor to me and my family over the years—he was a trusted confidant, a pillar of our community, and someone whose wisdom extended far beyond the courtroom. Born and raised in Perry, David was a “double dawg” graduate of the University of Georgia, earning his business degree in 1969 and his law degree in 1975. 

He built a distinguished career at Walker, Hulbert, Gray & Moore, LLP, specializing in areas like real estate, municipal law, and—most relevant to today’s topic—wills and probate. Over the decades, he served as city attorney for Perry and Hawkinsville, prosecutor for Perry Municipal Court, and a dedicated community leader.

Our relationship went back years. David drafted our family’s original will, and when we started our Visiting Angels® business here in middle Georgia, he drafted our articles of incorporation as well. He also handled several updates to the will as life changed—kids growing up, assets evolving, and priorities shifting. 

Standing there amid the quiet conversations and shared memories, it hit me: David’s work ensured that families like mine could face the inevitable with less stress. It’s a reminder for all of us seniors (and those caring for us) to make sure our own affairs are in order.

This leads me to a crucial topic: the importance of having a current will. Life is unpredictable, as David’s passing reminds us. A will is your voice from beyond, directing how your assets—your home, savings, heirlooms, even your wishes for end-of-life care—should be handled. Without one, Georgia’s intestacy laws decide for you, which might not align with your intentions.

But what about probate? Simply put, probate is the court-supervised legal process that validates a deceased person’s will (if there is one), appoints an executor or administrator, pays off any debts, and distributes the remaining assets to heirs or beneficiaries. In Georgia, it’s handled through the local probate court, and while it’s necessary for most estates with a will, it can be time-consuming, public, and sometimes costly—taking months or even years if complications arise. No one wants to burden their loved ones with that hassle during a time of grief.

The good news? A well-drafted, current will can minimize probate’s headaches significantly. By clearly naming an executor (someone trustworthy to manage the process), specifying beneficiaries, and outlining asset distribution, you reduce the chance of disputes or delays. Regular updates—every few years or after major life events like marriage, divorce, or the birth of grandchildren—keep it relevant. 

To go further in minimizing or even avoiding probate, consider tools like living trusts, where you transfer assets during your lifetime for seamless handover; joint ownership with rights of survivorship (common for homes or accounts); or beneficiary designations on retirement accounts, life insurance, and payable-on-death (POD) bank accounts. In Georgia, small estates or those where all heirs agree and there are no debts might qualify for simplified procedures or skip formal probate altogether.

In addition to a will, you might also consider “Executor Instructions”. This is a document that I have written for my son who I’ve named executor when I pass. No need for an attorney for this one. I’ve simply listed for him bank accounts, investment accounts, insurance policies and other similar important documents, where to find them, and contact information for those he may need to consult in executing my will. 

I have my calendar marked to update this document every other month so it stays up to date as circumstances change. I consider this document a gift to my son to make his life easier when he inevitably has to take care of this task at a time of significant emotional stress.

At Visiting Angels®, we see every day how thoughtful planning—including wills and care directives—brings peace of mind to families. It’s not just about assets; it’s about legacy and love. If you haven’t reviewed your will lately, reach out to a local attorney. David’s legacy reminds us: It’s a gift to those we leave behind.

Until next time, cherish every day God gives you and plan wisely.

Thanks for reading All About Seniors, see you next week!

Bill Milby is a Director of Visiting Angels® of Central Georgia, a non-medical, living assistance service for seniors. If you have questions or comments about this column you can reach him at william.mercylink@gmail.com or search for us at  https://www.facebook.com/VisitingAngelsofCentralGA