Legal Question in Wills and Trusts in Georgia

Legality of will and Probate Issue

Is a will legal if it is not notarized, but it is signed and witnessed? My daughter is the executor of my brother's will and he left everything to my mother provided that she survives him by (60) days [standard will retrieved from the Internet in 1997]; then my daughter is to be the beneficiary, if my mother did not survive my brother by 60 days. However, she did survive him 60 days +... she survived him by six months.

That point notwithstanding, we were advised by an attorney here in Charlotte, NC (my brother lived in Atlanta, GA) that although the will had been signed, it had not been notarized, so it does not make it a legal will.

Furthermore, my other question is why is the probate court pushing me to serve a witness subpeana on two witness who signed my brothers will who do not want to be bothered? One has Liver Cancer and the other one does not respond to my calls. They are both senior partners in a law firm in Los Angeles and I am to send them these summons this week.


Asked on 8/28/07, 9:50 am

1 Answer from Attorneys
Charles W. Field Charles W. Field, Attorney at Law

Re: Legality of will and Probate Issue

A will does NOT have to be notarized in GA. The reason the probate court is pushing you about the witnesses is that this is simply a part of the probate process in GA. However, I don't understand the insistence on a subpoena. Actually, instead of a subpoena, we just generally serve Interrogatories on the witnesses, simply to verify that they were witnesses, that they witnessed the testator's signature, that the testator appeared to be in charge of his senses, etc. It is very simple and painless.

If you would like to discuss further, please free to give me a call.

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Answered on 8/28/07, 4:54 pm


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