Can a will be probated if both witnesses are deceased?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can a will be probated if both witnesses are deceased?
No additional details.
Asked on February 13, 2018 under Estate Planning, New Jersey
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
When the maker of a Will (i.e. "testator") dies, a Will is submitted to the probate court to be declared valid (i.e. be "proved"), before assets can be distributed. This is usually done through the oral testimony or sworn affidavit(s) from one or both of the witnesses stating that the Will was executed according to state law. If all of the witnesses are either deceased or cannot otherwise be contacted, it can be difficult to ascertain whether a Will is authentic. For this reason, many states consider a Will to be valid without witnesses if a "self-proving affidavit" was made at the time that the Will was executed. This affidavit is signed by both the witnesses and testator in the presence of a notary, attesting that the Will is valid at the time that it is signed. Further, in most states, if the witnesses are deceased at the time the Will is entered into probate, so long as the executor can get a handwriting expert to confirm that signatures on the Will are genuine.
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
When the maker of a Will (i.e. "testator") dies, a Will is submitted to the probate court to be declared valid (i.e. be "proved"), before assets can be distributed. This is usually done through the oral testimony or sworn affidavit(s) from one or both of the witnesses stating that the Will was executed according to state law. If all of the witnesses are either deceased or cannot otherwise be contacted, it can be difficult to ascertain whether a Will is authentic. For this reason, many states consider a Will to be valid without witnesses if a "self-proving affidavit" was made at the time that the Will was executed. This affidavit is signed by both the witnesses and testator in the presence of a notary, attesting that the Will is valid at the time that it is signed. Further, in most states, if the witnesses are deceased at the time the Will is entered into probate, so long as the executor can get a handwriting expert to confirm that signatures on the Will are genuine.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.