![]() The final decision on validity will be made by the court. But once you've found a document, how do you know whether or not it's valid and will be accepted by the probate court? One of the executor's first jobs is to find the will, if any, left by the deceased person. The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties. The lawyer or law firm you are contacting is not required to, and may choose not to, accept you as a client. Any information sent through this site does not create an attorney-client relationship and may not be treated as privileged or confidential. ![]() You should not send any sensitive or confidential information through this site. Your number will be held in accordance with our Privacy Policy. You will receive up to 2 messages per week from Martindale-Nolo. Attorneys have the option, but are not required, to send text messages to you. You are not required to provide consent as a condition of service. Messages may be sent using pre-recorded messages, auto-dialer or other automated technology. Martindale-Nolo and up to 5 participating attorneys may contact you on the number you provided for marketing purposes, discuss available services, etc. ( ARS § 14-2504.By clicking "Find a Lawyer", you agree to the Martindale-Nolo Texting Terms. The self-proving affidavit should either be part of the Will itself or attached to the Will. ![]() To self-prove a Will, the testator and witnesses must affirm the authenticity of the Will in an affidavit, sign the affidavit in front of a notary, and have the notary stamp affidavit. In addition, since a court automatically accepts a self-proven Will as authentic, witnesses to the self-proven Will are not needed to testify in court about the authenticity of the Will. Informal probate is much less expensive than formal probate, which will save testator’s heirs a substantial amount of money. A self-proven Will is very beneficial because if the authenticity of the Will is not challenged, the Will can be probated using a simplified informal probate. A self proved Will is presumed to be authentic and that all of the required elements to execute the Will (signed by the testator and witnesses) have been met. ( ARS § 14-2505.)Īrizona law allows a Will to be “self-proved”. ![]() Accordingly, you the two people who serve as witnesses should not be named anywhere in the testator’s Last Will and Testament or estate plan. Although having an interested person witness a Will does not necessarily make the Will invalid, it could create problems if another heir attempts to challenge the Will. A person who stands to inherit under a Will is called an “interested person”. The two people who witness a Last Will and Testament should not be people who will inherit any part of the testator’s estate. Each witness must sign the Will in front of the testator and the other witness. The witnesses either need to see the testator sign the Will or be told by the testator that the signature on the Will is in fact the testator’s. A valid Will also must be witnessed by two witnesses. It is acceptable if the testator is physically unable to sign their name, as he or she may direct another person to do so on their behalf and in the presence of the testator.
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