You Have to Notarize Your Will

Website to Steve Bliss | Probate Attorney
Website to Steve Bliss | Probate Attorney

In most states, to make a legal Will, you must sign your Will in front of two witnesses. Your witnesses must also sign your paper in your presence. Normally, your witnesses should be objective and have no financial drive for witnessing your Will. In many states, your local probate court will need the testimony of one or both of your witnesses when a person tries to probate your Will or admit it for filing. The testimony of your witnesses works to validate your Will. Your witnesses may have to present testimony or affidavits confirming that you signed your will without pressure and without any proof of mental incapacity. Because of the testimony needed by witnesses who may frequently have died before the Will drafter or moved to another state, many states passed self-proving affidavit statutes. You should chat with your best attorney in Black Mountain Ranch CA. to assist you know if your state permits you to present a self-proving affidavit and the advantages of making one. A self-proving affidavit is commonly a statutory clause in your Will, or separate paper appended to your Will, that a notary signs describing that you and your witnesses conformed with your state’s statutory Will formalities. If your state permits you to use a notarized, self-proving affidavit, it may make the procedure of admitting your Will to probate simpler, because your witnesses may not have to attest under oath that you signed your will without duress, fraud, or mental incapacity.

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