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
- (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.
