Simple English definitions for legal terms
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A self-proving will is a type of will that can be validated without going through probate court. To create a self-proving will, a person must attach two affidavits or statements signed by witnesses who saw the will being signed. These affidavits or statements must be signed in front of a notary public. In some states, witnesses must testify under perjury of the will's validity. This process replaces the usual method of ensuring a will's validity by requiring witnesses to testify in court after the person who made the will has died.
A self-proving will is a type of will that meets certain requirements that allow it to be validated without going through probate court. This means that the will can be executed more quickly and with less expense.
In most states, a self-proving will is created by attaching two "self-proving" affidavits to the will. These affidavits are signed by witnesses who were present when the will was signed, and they must be signed in front of and stamped by a notary public. In some states, witnesses must sign statements attached to the will testifying under perjury of the will's validity.
Here is an example of how a self-proving will might work:
John creates a will and has two witnesses present when he signs it. He also has a notary public present who stamps the affidavits signed by the witnesses. The will is now considered self-proving, which means that after John's death, his executor can present the will to the court without having to track down the witnesses and have them testify.
Another example:
Mary creates a will and has two witnesses present when she signs it. However, she forgets to have the witnesses sign self-proving affidavits. After Mary's death, her executor must track down the witnesses and have them testify in court to validate the will.