Legal Question in Wills and Trusts in Georgia
Self-proved will affidavit
Hi - Am trying to assist my sister who lives in the State of Georgia in the USA to make a will. Have purchased a on-line will kit. The kit includes the will form that is witnessed by 3 witnessed. The kit also included something called a self-proved will affidavit that requires a notary public. Is this required or just an extra? My sister lives on social security and to find and pay a notary would be costly to her and likely to be difficult for her to locate.
Your assistance is appreciated.
3 Answers from Attorneys
Re: Self-proved will affidavit
You are taking a big chance with an online will-kit. She needs to speak directly to an attorney about the situation to make sure that her wishes are being addressed. For example, my office uses software for preparing wills (which are somewhat "fill-in-the-blanks") but only after interviewing the client to make sure that we understand what the client wants.
Re: Self-proved will affidavit
It is good advice to trash the kit. The self-proving affidavit is an additional document that acts as an affidavit made by the witnesses that they did in fact witness the execution of the will. Without, you may have to track down the witnesses and have them come to court to swear that they did witness the signing, which can be a huge pain.
Re: Self-proved will affidavit
Get your money back, return the kit, and hire a lawyer. It's not expensive and getting it right matters. The fees we charge for a will, including a free living will, and the self-proving affidavit, often are just $150.00.
It is extremely foolish to chance things on a kit and that may cost you far more than you save.
A self-proving affidavit is not mandatory, but it is a very dumb idea to skip it, as without it probate will be more difficult, and, if witnesses disappear, could become a nightmare.
The fact your form has a space for three witnesses shows that it's questionable. Georgia allows three but requires just two. Using three is unnecessary if the affidavit is used, and two is normal.
Again, junk the form, do it right, and get some peace of mind.
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