Forms

Form: Affidavit When Will is not Self-Proved and Witnesses Cannot Be Located

In Georgia, a Will must be self-proved or the witnesses to the Will must either sign written witness interrogatories or provide testimony that they observed the Will’s execution and that requisite formalities were observed. What happens if the witnesses are deceased or cannot be located? The law allows (O.C.G.A. § 53-5-24) someone familiar with the decedent’s handwriting to submit an affidavit that he or she has examined the Will and that the signature on the Will appears to be the decedent’s. The following form may be used for that purpose:

Source: Cobb County Probate Court (modified here for use in any county)

Published by
David McGuffey

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