What are self-probating wills?

A so-called "self-probating Will" typically has affidavits of the witnesses who saw the deceased sign the Will attached to the Will. In those affidavits, the witnesses say that they saw the deceased execute or sign the Will, the deceased asked them to be witnesses to the Will, he or she appeared mentally competent at the time, and acted voluntarily (not out of fear, intimidation, or coercion). Without such affidavits, it would typically have been necessary for the Executor (or a lawyer for the Executor) to round up the original witnesses and have them come into court (if possible) to state the circumstances surrounding the execution of the Will, or at least give an affidavit, even to be able to file the Will in the court for probate.

The affidavits help authenticate that the Will is genuine. Courts generally allow the Will to be filed with the affidavits, without the need to get witnesses or new affidavits. They then give notice to other heirs at law who can object to the Will being ... more.

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