A self-proving affidavit is a notarized document that aids in establishing the legitimacy of a will and expedites the probate procedure. The will is signed by the testator (the person who wrote it) and two witnesses, who swear under oath that they saw the testator sign the document freely and without any coercion.

The affidavit is optional and not required, but in many states it can avoid the need for witnesses to be called in court to prove the will’s legality.

1. Signature Of Witnesses

The self-proving affidavit is signed by two witnesses and a notary, much like the last page of your Will. However, this page is swearing that the document is the Will of the person named in the document. Without this page, your Executor in Georgia would have to locate at least one of the witnesses and ask them to complete a “interrogatory“.

2. How It Helps Your Will

The probate court will automatically recognize your will as valid if it contains a self-proving affidavit; no witnesses will be required to sign the will or appear in court to attest to its accuracy. An interrogatory paper looks like this and includes the following questions for the witness: Interrogatories to Witness to Will.

3. What Happens If You Don’t Have One?

Without a self-proving affidavit, a deceased person’s will cannot be delivered to their heirs unless the probate court finds it to be legitimate. The will will be examined by a judge to ensure that it was created in compliance with state law, which frequently mandates that a last will and testament be properly signed by two impartial witnesses.

Get Help Today & Contact Our Office To Consult With An Estate Planning Attorney.

From personal estate planning creation for your business and required administrative formalities to your ability to finance your company, we will offer you the support and guidance you need

The post Self-Proving Affidavit: Does Your Will Include One? first appeared on Hurban Law, LLC.