What Happens If a Witness to Your Will Dies?

And Why Georgia’s Self-Proving Wills Make a Difference

It’s been 15 years since you signed your will. Everything looks in order—until you learn that one of the witnesses has passed away. Does that mean your will is invalid?

Not necessarily. But it can make things harder.

In Georgia, Witnesses Matter

A valid will in Georgia requires two competent adult witnesses. They don’t need to be related—but they must watch you sign the document and sign it themselves.

If one of them dies before you do, it can create problems during probate. The court may need sworn statements from the surviving witness—or other evidence to prove the will was legitimate.

The Solution: Self-Proving Affidavits

A self-proving will includes a notarized affidavit signed by you and both witnesses. It’s attached to the will at the time of signing and tells the court, “This was done properly.”

With that in place, the court doesn’t have to track down your witnesses. Even if they’ve died or can’t be found, the affidavit stands in their place.

Bottom Line

If your will is older and you’re not sure it includes a self-proving affidavit, it’s worth reviewing. Updating your will now could save your family a legal headache later.

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