Legal Question in Wills and Trusts in Georgia

Our wills are old, we do not know where the witnesses are. Are they still valid?


Asked on 10/08/09, 3:58 pm

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Unless you have a self-proving page, the inability to find witnesses could prevent probate, or at least complicate it and make it cost more.

That alone is reason enough to do a new will.

The fact they are old may also mean there is outdated legal language or contents.

You'd probably be surprised how inexpensive it is to draw a will. With a bit more information I could give you specific fees.

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Answered on 10/13/09, 9:21 pm
Robert Thompson J. Robert Thompson Attorney

Your wills are still valid, but probating them without the attesting witnesses is complex, time consuming, and expensive, unless a self-proving affidavit is attached to the wills.

If there is no self-proving affidavit, the best course would be to make new wills, with the affidavit included.

This will also give you an opportunity to revise the provisions of the will, to take into account changes in your situation and changes in the law.

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Answered on 10/14/09, 12:02 pm


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