Content Overview
Form Breakdown
| Fact Name | Description |
|---|---|
| Purpose | The Georgia Self-Proving Affidavit allows a will to be validated without the need for witnesses to testify in court. |
| Governing Law | This form is governed by Georgia Code § 53-4-25. |
| Requirements | The affidavit must be signed by the testator and two witnesses in the presence of a notary public. |
| Benefits | Using this affidavit simplifies the probate process, saving time and resources. |
| Validity | The self-proving affidavit remains valid as long as the will is executed in accordance with Georgia law. |
Sample - Georgia Self-Proving Affidavit Form
Georgia Self-Proving Affidavit Template
This Self-Proving Affidavit is prepared in accordance with Georgia law, specifically O.C.G.A. § 53-4-26. This document serves to validate the authenticity of a will by providing sworn statements from the witnesses who observed the testator sign the will.
Please fill in the blanks with the appropriate information as indicated.
STATE OF GEORGIA
COUNTY OF __________
We, the undersigned, being first duly sworn, do hereby declare as follows:
- Testator's Name: ____________________
- Date of Execution: ____________________
- Witness 1's Name: ____________________
- Witness 1's Address: ____________________
- Witness 2's Name: ____________________
- Witness 2's Address: ____________________
We declare that:
- Each of us is at least 14 years of age.
- The testator, ____________________, signed the will in our presence.
- We witnessed the testator's signing of the will and understand it to be their last will and testament.
- We affirm that the testator appeared to be of sound mind and memory, and under no undue influence.
Signature of Testator: ____________________
Signature of Witness 1: ____________________
Signature of Witness 2: ____________________
Sworn to and subscribed before me this ______ day of ___________, 20__.
Notary Public: ____________________
My Commission Expires: ____________________
Common mistakes
Filling out the Georgia Self-Proving Affidavit form can be a straightforward process, but there are common mistakes that individuals often make. One frequent error is not having the correct number of witnesses. In Georgia, the law requires at least two witnesses to sign the affidavit. If this requirement is overlooked, the affidavit may not be valid.
Another mistake involves the signatures of the witnesses. Sometimes, individuals fail to ensure that the witnesses sign the affidavit in the presence of the testator. This is crucial, as the law mandates that the witnesses must witness the signing of the will at the same time. Failing to follow this procedure can lead to complications later on.
In addition, people often neglect to include the date on the affidavit. A date is essential as it provides a clear timeline of when the document was executed. Without a date, the affidavit may raise questions about its validity and the circumstances surrounding its signing.
Some individuals also mistakenly assume that the affidavit must be notarized. While notarization is not required for the Self-Proving Affidavit in Georgia, it is important to understand the difference. Notarization can add an extra layer of authenticity, but it is not a legal requirement for this specific document.
Another common error is failing to provide complete information about the testator and witnesses. The affidavit should clearly state the names and addresses of all parties involved. Incomplete information can lead to confusion and may affect the enforceability of the document.
Lastly, many individuals overlook the importance of reviewing the completed form for accuracy. Simple typos or errors can undermine the document's integrity. Taking a moment to double-check all entries can prevent potential issues down the line.
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