One Click Case Law for § 53-2-40-1
O.C.G.A. § 53-2-4 <-- --> O.C.G.A. §53-2-40

2010 Georgia Code

TITLE 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES

CHAPTER 2 - WILLS
ARTICLE 3 - EXECUTION AND ATTESTATION
§ 53-2-40.1 - (Pre-1998 Probate Code) Self-proved wills

O.C.G.A. 53-2-40.1 (2010)
53-2-40.1. (Pre-1998 Probate Code) Self-proved wills


(a) At the time of its execution or at any subsequent date during the lifetime of the testator and the witnesses, a will may be made self-proved and the testimony of the witnesses in the probate thereof may be made unnecessary by the affidavits of the testator and the attesting witnesses made before an officer authorized to take acknowledgments to deeds of conveyance or to administer oaths under the laws of the state where the will was executed. The affidavit and certificate provided in subsection (b) of this Code section shall be the only prerequisite of a self-proved will.

(b) The affidavit shall be evidenced by a certificate, with official seal affixed, of such officer attached or annexed to the will in form and contents substantially as follows:

STATE OF

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
persons being by me duly sworn, , testator, declared to me and to
the said witnesses in my presence that said instrument is the testator's
last will and testament and that the testator had willingly made and
executed it as a free act and deed for the purposes therein expressed. 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 and that the testator executed same as
such and wanted each of them to sign it as a witness; and upon oath each
witness stated further that he or she did sign the same as witness in the
presence of the testator and at the testator's request; that the testator
was at that time 14 years of age or over and was of sound mind; and that
each of said 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 , 19 .

(SEAL)
(Signed)
(Official capacity of officer)

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