What are self-probating wills?
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, and acted voluntarily (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 that 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 ad
A Will is called “self-probating” when affidavits of the witnesses who saw the deceased sign the Will are attached to the Will. The affidavits (written statements made under oath) are prepared at the time the Will is executed (signed), and in them the witnesses say several things: a) that they saw the deceased execute (or sign) the Will, b) the deceased asked them to be witnesses to the Will, c) the deceased appeared mentally competent at the time the Will was signed, and d) that the deceased acted voluntarily (not out of fear, intimidation, or coercion). Without such affidavits, the Executor/Personal Representative (or a lawyer for the Executor) will usually have to round up the original witnesses (if possible) and have them come into court to state the circumstances surrounding the signing of the Will. If they dont have to come to court, the witnesses will usually have to at least give an affidavit about those circumstances after the person who wrote the Will has died. If there are n
