The last page on some Wills is called a self-proving affidavit and, in Georgia, that one page means a lot. While your Will directs your Executor how to distribute your Estate, before that person can even be appointed to begin the work, the probate court has to determine that the Will presented to them is authentic. This means that the document given to the court is the original and intended last Will written by the deceased.
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, in Georgia, your Executor would have to track down at least one of the witnesses and have them fill out what is known as an “interrogatory,” which simply is a document that asks the witness to swear that they signed the will, that they saw the deceased sign the will, that the deceased appeared to be of sound mind and memory (had the capacity to sign), and that the will being presented to the court is the same one they saw the deceased sign. By having a self-proving affidavit on your Will, the probate court will simply accept the will as authentic and no witnesses need to sign or come to court to prove the Will is the correct one. This is what an interrogatory document looks like and what questions it asks the witness: Interrogatories to Witness to Will.
Sometimes, a Will has no self-proving affidavit and it is impossible to read the signatures of the witness (or impossible to locate the witnesses to the Will). When this happens, the Executor must now take further steps to prove the Will is authentic just to begin the probate process. The Executor must now find two credible and disinterested people who are not beneficiaries of the Will to swear that they believe the signature on the Will being given to the probate court is the deceased person’s signature. The Executor must also explain why they cannot find the witnesses to the Will and what steps they took to try to locate the witnesses.
While finding witnesses or obtaining affidavits from other parties is usually possible, it results in a much longer opening probate process, more paperwork, and if an attorney is involved, money to probate.
Not all states require a self-proving affidavit, and some states do not allow them. In Georgia, however, a self-proving affidavit makes the probate process easier and smoother for all parties. At Grissom Law, LLC we include self-proving affidavits on all of our Wills. While not a legal requirement, a self-proving affidavit makes the probate process more efficient and easier on the court, the Executor, and the witnesses.
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This Blog/Web Site is made available for educational purposes only as well as to give you general information and a general understanding of the law, not to provide legal advice. By using this blog site, you understand that there is no attorney-client relationship between you and Grissom Law, LLC.