What is a Self-Probating Will?

7:17 pm Uncategorized

When a final will and testament is signed, there are typically two witnesses to the event. When these witnesses sign affidavits and these affidavits are attached to the will as appendices of the complete document, this is now a self-probating will.

So what’s the difference? A self-probating will has built into it legal documentation written and signed under oath. The affidavits from the witnesses are written testimony — usually written to state that the signature was executed by the decedent named in the will, that he was not forced into signing it, that he was of sound mind when doing so, and that all other legal procedures were followed and that no  laws were broken in the process of executing the will.

A self-probating will is a good idea that can help avoid costly and time consuming searches for witnesses or requesting affidavits from witnesses after the fact. The authenticity of a will is far less likely to be questioned if it is self-probating. Your California probate lawyer can discuss with you the other advantages of a self-probating will and whether or not it’s a good fit for your estate planning needs.

Making a will that self-probates  keeps witnesses from having to come to probate court unless the will is challenged. But, even in the event of a contested will, having pre-written and signed affidavits can be extremely useful in expediting the process in most cases. You will want to address the pros and cons of a self-probating will with your California probate attorney before making any final decisions. Every circumstance is different when it comes to any kind of will, but to be sure, the guidance of an estate planning lawyer makes the signing of your will far less likely to be contested.

Contact us today and let our Newport Beach law firm help you with all your financial planning needs.

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