Forms

Form: Affidavit When Will is not Self-Proved and Witnesses Cannot Be Located

In Georgia, a Will must be self-proved or the witnesses to the Will must either sign written witness interrogatories or provide testimony that they observed the Will’s execution and that requisite formalities were observed. What happens if the witnesses are deceased or cannot be located? The law allows (O.C.G.A. § 53-5-24) someone familiar with the decedent’s handwriting to submit an affidavit that he or she has examined the Will and that the signature on the Will appears to be the decedent’s. The following form may be used for that purpose:

Source: Cobb County Probate Court (modified here for use in any county)

Published by
David McGuffey

Recent Posts

Another Scam, and this one makes my blood boil

Recently, my dad died. While I was driving back from being sworn in as his…

1 week ago

Review of Georgia Cases on Testamentary Capacity

In Georgia, an individual has legal capacity to make a Will "when the testator has…

4 weeks ago

Georgia Power of Attorney Act

Last updated 2/28/2025 The Georgia Power of Attorney Act was enacted in 2017 (HB 221)…

1 month ago

Due Process Limits State’s Power to Tax Out of State Trust

In North Carolina Department of Revenue v. The Kimberley Rice Kaestner 1992 Family Trust, the…

1 month ago

The ARC Fights to Protect Medicaid

Medicaid is critical for individuals with special needs. It pays for things no one else…

1 month ago

Medicare Secondary Payer law

Since 1980, Medicare pays after another responsible entity pays certain health care claims for Medicare…

1 month ago