Q: Hi, My name is Denise. I am the executor of my grandmother's will, and I am trying to probate her will.
The Judge states that the codicil is not self-proven. Interrogatories to Witness to Will are being asked for. If said witnesses cannot be notified, what would be my next course of action? I have the original Will, but the original Codicil is with a copy of the Will records in another county. I did get a copy of the Codicil and it is certified, but it is still deemed Not self-proven. What would be my next step to get this situation resolved?
A: In order to be self-proven, a will or a codicil has to have a self-proving affidavit attached to it pursuant to OCGA 53-4-24. Since the codicil in question does not have a self-proving affidavit, interrogatories to the witness must be produced to confirm to the court that the will was signed as alleged in the petition to probate the codicil. If the witnesses are unavailable due to death, incapacity, or the inability to locate them, the court may admit the will to probate upon the testimony in person or by affidavit or by deposition of at least two credible disinterested parties that the signature to the will is that of the individual whose codicil it purports to be or upon other sufficient proof of such signature. Schedule a free consultation to make sure you take the correct steps to protect your inheritance.
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