Q: Thing is, it is a copy of his will and that includes the notary. Does that matter?
A: A copy of a properly executed and witnessed will with a properly executed, witnessed and notarized affidavit can be admitted to probate if both witness (or one witness and the notary) testify that it is a copy of the will they witnessed (notarized.) Take the copy to a local probate lawyer and apply to have it admitted to probate and the assets distributed to the people named in the copy of the will.
Kenneth V Zichi and Ross F. Tew agree with this answer
1 user found this answer helpful
A: You may or may not need to probate the will, and depending on how long it has been since the person passed and the availability of necessary witnesses, you may not be able to get the will into probate. You should take the copy of the will and the death certificate to an attorney and let he or she explain what options you have to settle the estate.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
