• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

self probate will

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

J

jad

Guest
i am executor of an estate in goergia i was told by attorney that i could handle probate myself because the will is a "self probating" type will. this process is new to me should i still hire legal help? what is a self probating will????
 


ALawyer

Senior Member
A so called "self-probating Will" typically has affidavits of the witnesses who saw the deceased sign the Will attached to the Will. In those affidavits the witnesses say that they saw the deceased execute or sign the Will, the deceased asked them to be witnesses to the Will, he or she appeared mentally competent at the time, acted voluntarily, and not out of fear, intimidation or coercion.

Without such affidavits it would typically have been necessary for the Executor (or a lawyer for the Executor) to round up the original witnesses and have them come into court (if possible) to state the circumstances surrounding the execution of the Will, or at least give an affidavit, even to be able to file the Will in the court for probate.

The affidavits help authenticate the Will is genuine. Courts generally allow the Will to be filed with the affidavits, without the need to get witnesses or new affidavits. They then give notice to other heirs at law who can object to the Will being admitted to probate. In effect the affidavits "shift the burden of proof" so that instead of the heirs named in the Will having to prove the deceased did it correctly, the people objecting to the Will have to prove it was not properly understood (lack of mental competence), or not properly signed or witnessed, or was the result of mistake, duresss or coercion.

With self-proving affidavits only if anyone chooses to challenge the Will, in a Will contest, is the probate court likely to require the witnesses to come into court (if they are still available) to testify about the circumstances in which the Will was signed.

In some states, self-authenticating affidavits are not accepted where the death occurs shortly after the Will is signed, or the Will was not executed under the guidance of an attorney.



at the time of , the affidavits witnesses estate was
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top