QUESTION

Does a will need signed by 3 witnesses

Asked on Jun 25th, 2015 on Wills and Probate - Georgia
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2 ANSWERS

Probate Litigation Attorney serving Lawrenceville, GA at Robert W. Hughes & Associates, P.C.
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No, a will only need to be witnessed by 2 witnessed.  However, if the will includes a self proving affidavit, a notary public also needs to sign the affidavit.
Answered on Jun 26th, 2015 at 12:54 PM

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Wills Attorney serving Alpharetta, GA
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It depends: what state is the Will signed in, and how old is it? Most states currently require only two witnesses to a Will for the Will to be valid (please note: ideally, no witness should be anyone who is a beneficiary under the Will, and ideally the witnesses should also not include anyone who is appointed as a fiduciary). However, older Wills were executed under older laws, and in the past some states (for example, Georgia) did require three witnesses, not just two. If you have a Will that was signed in a state and at a time that required three witnesses, then the Will needs the three witnesses. Please also note that witnesses usually have to sign the Will in the right place, acknowledging that they are signing the Will as a Will. A normal notary block, with a notary, may not qualify, so a Will with one witness, the testator, and a notarized signature may not qualify as having two witnesses. If you have a Will and you aren't sure if it has enough witnesses, the best thing to do is have an estate planning attorney take a look at it. And if you are trying to sign a Will, it's best to find out exactly what your state requires.
Answered on Jun 26th, 2015 at 12:51 PM

This answer is being provided as general information and not as legal advice. No attorney-client relationship is created by this answer.

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