Self-Proving Affidavits in Georgia Wills: Timelines and Benefits

When you pass away, your family cannot simply read your will and start handing out property. They must file the document in Probate Court to prove it is legally valid. If you only signed a standard will, the court will require your executor to track down the two people who witnessed you sign the document years ago. Finding those witnesses can be difficult, expensive, and time-consuming. To spare your family this massive headache, you should include a self-proving affidavit. Connecting with an experienced estate planning attorney from our US Lawyers Directory is the best way to ensure this vital document is attached properly.

In Georgia, the law allows you to make your will self-proving. This simple addition essentially acts as a sworn statement to the court, locking in the validity of the signatures on the day you sign the will, so no one has to testify later.

How to Make Your Will Self-Proving in Georgia

The rules for self-proving affidavits are governed by O.C.G.A. § 53-4-24. To make a will self-proving, you (the testator) and your two witnesses must sign an additional page at the very end of the will. This page is an affidavit-a sworn legal statement made under oath. The affidavit explicitly states that you were of sound mind, that you signed the will voluntarily, and that the witnesses watched you do it.

Once this affidavit is attached and properly signed, the will is considered self-proved. When your executor files the will at the Richmond County Probate Court, Augusta or the Muscogee County Probate Court, Columbus, the judge will accept the will immediately. Without this affidavit, your family could spend weeks or months hiring private investigators to find your witnesses just to get the probate process started.

Notary Requirements for Affidavits

While a standard Georgia will does not require a notary, a self-proving affidavit absolutely must be notarized. The notary public is the state official who administers the oath to you and your witnesses. Everyone must be in the same room at the same time. The notary will check everyone's identification, watch all three of you sign the affidavit, and then stamp the document with their official seal.

Mobile Notaries and Law Office Signings

Because getting yourself, two neutral witnesses, and a notary together at the same time can be difficult, most people choose to execute their will at a law office. The attorney will provide the neutral witnesses and have a notary on staff to complete the self-proving affidavit in one seamless appointment. If you are homebound or in a medical facility, you can hire a mobile notary to travel to your location. However, finding two impartial witnesses to join the mobile notary at your home remains your responsibility.

Can You Add a Self-Proving Affidavit to an Old Will?

If you wrote a will years ago but did not include a self-proving affidavit, you do not necessarily have to write an entirely new will. Georgia law allows you to add a self-proving affidavit to an existing will at any time. However, to do this, you must gather the exact same two witnesses who originally signed your will. You, those two original witnesses, and a notary must all sign the new affidavit together. If you cannot find the original witnesses, your executor will eventually have to file a Form GPCSF Supplement 6, Georgia, Probate Court, Interrogatories to Witness to Will to prove the old will. Your best option is simply to draft a new will and execute it properly with a self-proving affidavit attached from the beginning.

Timelines and Costs of Probate with an Affidavit

A self-proving affidavit drastically reduces the cost and timeline of probating an estate in Georgia.

Frequently Asked Questions (FAQ)