2017 Georgia Code
Title 53 - Wills, Trusts, and Administration of Estates
Chapter 4 - Wills
Article 3 - Execution and Attestation
§ 53-4-24. Self-proved will or codicil

Universal Citation: GA Code § 53-4-24 (2017)
  • (a) At the time of its execution or at any subsequent date during the lifetime of the testator and the witnesses, a will or codicil may be made self-proved and the testimony of the witnesses in the probate regarding such will may be made unnecessary by the affidavits of the testator and the attesting witnesses made before a notary public. The affidavit and certificate provided in subsection (b) of this Code section shall be the only prerequisites of a self-proved will or codicil.
  • (b) The affidavit shall be evidenced by a certificate, affixed with the official seal of the notary public, that is attached or annexed to the will or codicil, in form and content substantially as follows:

    STATE OF GEORGIA

    COUNTY of ____

    Before me, the undersigned authority, on this day personally appeared

    ____, ____, and ____, known to me to be the testator and the

    witnesses, respectively, whose names are subscribed to the annexed or

    foregoing instrument in their respective capacities, and all of said

    individuals being by me duly sworn, ____, testator, declared to me and to

    the witnesses in my presence that said instrument is the last will and

    testament or a codicil to the last will and testament of the testator and

    that the testator had willingly made and executed it as a free act and deed

    for the purposes expressed therein. The witnesses, each on oath, stated to

    me in the presence and hearing of the testator that the testator had

    declared to them that the instrument is the testator's last will and

    testament or a codicil to the testator's last will and testament and that

    the testator executed the instrument as such and wished each of them to

    sign it as a witness; and under oath each witness stated further that the

    witness had signed the same as witness in the presence of the testator and

    at the testator's request; that the testator was 14 years of age or over

    and of sound mind; and that each of the witnesses was then at least 14

    years of age.

    ____

    Testator

    ____

    Witness

    ____

    Witness

    Sworn to and subscribed before me by ____, testator, and sworn to and

    subscribed before me by ____ and ____, witnesses, this ____ day of

    ____, ____.

    (SEAL)

    (Signed)____

    (Official Capacity of Officer)

  • (c) A self-proved will or codicil may be admitted to probate without the testimony of any subscribing witness, but otherwise it shall be treated no differently from a will or codicil that is not self-proved. In particular, without limiting the generality of the foregoing sentence, a self-proved will or codicil may be contested, revoked, or amended in exactly the same fashion as a will or codicil that is not self-proved.
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