Title 53, Chapter 4, Section 24
( 53-4-24)
(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. |