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2018 Georgia Code 53-4-24 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 53-4-24 Case Law from Google Scholar Amendments to OCGA 53-4-24

TITLE 53 WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES

Section 4. Wills, 53-4-1 through 53-4-75.

ARTICLE 3 EXECUTION AND ATTESTATION

53-4-24. Self-proved will or codicil.

  1. At the time of its execution or at any subsequent date during the lifetime of the testator and the witnesses, a will or codicil may be made self-proved and the testimony of the witnesses in the probate regarding such will may be made unnecessary by the affidavits of the testator and the attesting witnesses made before a notary public. The affidavit and certificate provided in subsection (b) of this Code section shall be the only prerequisites of a self-proved will or codicil.

(b) The affidavit shall be evidenced by a certificate, affixed with the official seal of the notary public, that is attached or annexed to the will or codicil, in form and content substantially as follows:

STATE OF GEORGIA COUNTY of ____________ Before me, the undersigned authority, on this day personally appeared ____________ , ____________ , and ____________ , known to me to be the testator and the witnesses, respectively, whose names are subscribed to the annexed or foregoing instrument in their respective capacities, and all of said individuals being by me duly sworn, ____________ , testator, declared to me and to the witnesses in my presence that said instrument is the last will and testament or a codicil to the last will and testament of the testator and that the testator had willingly made and executed it as a free act and deed for the purposes expressed therein. The witnesses, each on oath, stated to me in the presence and hearing of the testator that the testator had declared to them that the instrument is the testator's last will and testament or a codicil to the testator's last will and testament and that the testator executed the instrument as such and wished each of them to sign it as a witness; and under oath each witness stated further that the witness had signed the same as witness in the presence of the testator and at the testator's request; that the testator was 14 years of age or over and of sound mind; and that each of the witnesses was then at least 14 years of age. __________________________________________________________________ Testator __________________________________________________________________ Witness __________________________________________________________________ Witness Sworn to and subscribed before me by ____________ , testator, and sworn to and subscribed before me by ____________ and ____________ , witnesses, this ________ day of _____________ , ______ . (SEAL) (Signed) ______________________________ (Official Capacity of Officer)

A self-proved will or codicil may be admitted to probate without the testimony of any subscribing witness, but otherwise it shall be treated no differently from a will or codicil that is not self-proved. In particular, without limiting the generality of the foregoing sentence, a self-proved will or codicil may be contested, revoked, or amended in exactly the same fashion as a will or codicil that is not self-proved.

(Code 1981, §53-4-24, enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 1999, p. 81, § 53.)

Law reviews.

- For annual survey of law of wills, trusts, guardianships, and fiduciary administration, see 56 Mercer L. Rev. 457 (2004).

COMMENT

This section combines and carries over former OCGA Sec. 53-2-40.1 and portions of former OCGA Sec. 53-2-5. The self-proving procedure described in this section is available for both wills and codicils. See Code Sec. 53-11-7 for an explanation of the term "notary public," which is used in subsection (a).

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former O.C.G.A. § 53-2-40.1 are included in the annotations for this Code section.

Location of signature.

- Even though the testator did not sign the last page of the will relating to the disposition of the testator's estate, the will was valid since the testator's signature appeared on the next page, the self-proving affidavit. Hickox v. Wilson, 269 Ga. 180, 496 S.E.2d 711 (1998) (decided under former O.C.G.A. § 53-2-40.1)

Trial court erred in granting summary judgment pursuant to O.C.G.A. § 9-11-56 to will caveators in a will propounder's action seeking to probate a decedent's will since the decedent had sufficiently signed the will on the signature line of the self-proving clause, pursuant to former O.C.G.A. § 53-2-40.1, and there existed two competent witness signatures which were sufficient for attestation purposes; accordingly, the statutory requirements for proper execution of a will under former O.C.G.A. § 53-2-40 appeared to have been met and a jury issue was raised as to whether, in fact, the requirements were met. Miles v. Bryant, 277 Ga. 362, 589 S.E.2d 86 (2003) (decided under former O.C.G.A. § 53-2-40.1)

Admission of self-proved will.

- Under O.C.G.A. § 53-4-24(c), when a will is self-proved, it "may be admitted to probate without the testimony of any subscribing witness." In fact, compliance with the requirements of execution are presumed without the live testimony or affidavits of witnesses; that is, under O.C.G.A. § 53-5-21(a), the affidavit creates a presumption regarding the prima facie case, subject to rebuttal. Singelman v. Singelman, 273 Ga. 894, 548 S.E.2d 343 (2001).

Self-proving affidavit attached to a testator's will created a rebuttable presumption that the signature and attestation requirements were met and allowed the will to be admitted into evidence without the testimony of the witnesses to the will or other proof that the formalities for the will's execution were met. Duncan v. Moore, 275 Ga. 656, 571 S.E.2d 771 (2002).

In a sister's challenge to her brother's will, the probate court erred in finding that the will was not sufficiently proven due to the executor's failure to produce the witnesses; the will had an attached self-proving affidavit and could be admitted without other proof that formalities of execution were met, pursuant to O.C.G.A. § 53-4-24. Reeves v. Webb, 297 Ga. 405, 774 S.E.2d 641 (2015).

Cited in Tuttle v. Ryan, 282 Ga. 652, 653 S.E.2d 50 (2007).

Cases Citing O.C.G.A. § 53-4-24

Total Results: 11  |  Sort by: Relevance  |  Newest First

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Westmoreland v. Tallent, 549 S.E.2d 113 (Ga. 2001).

Cited 12 times | Published | Supreme Court of Georgia | Jul 5, 2001 | 274 Ga. 172

...of Sarajane Love, Redfearn Wills and Administration in Georgia (Comparative Treatment ed.1996), § 123, p. 193 that the "deletion of any reference to a requirement of clear proof raises doubt as to the continuing viability of the case law." [2] OCGA § 53-4-24 of the revised probate code carries over former OCGA § 53-2-40.1....
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Singelman v. Singelmann, 548 S.E.2d 343 (Ga. 2001).

Cited 11 times | Published | Supreme Court of Georgia | Jun 11, 2001 | 273 Ga. 894, 2001 Fulton County D. Rep. 1852

...Skelton, supra at 632(2), 308 S.E.2d 838. See Heard v. Estate of Lovett, 273 Ga. 111(1), 538 S.E.2d 434 (2000) for a discussion of "burden of proof" with regard to propounder and caveator. The court characterized the will offered by Singelmann as self-proving. [3] See OCGA § 53-4-24; Hickox v. Wilson, 269 Ga. 180, 496 S.E.2d 711 (1998). When a will is self-proved, it "may be admitted to probate without the testimony of any subscribing witness." OCGA § 53-4-24(c)....
...NOTES [1] One of the caveators did not appear at the hearing in the matter, and the court dismissed his caveat. [2] The court found that decedent's assets included his home valued at approximately $90,000 and stock accounts valued at approximately $110,000. [3] OCGA § 53-4-24(b) sets forth the affidavit and certificate prerequisites for a self-proved will or codicil....
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Duncan v. Moore, 571 S.E.2d 771 (Ga. 2002).

Cited 10 times | Published | Supreme Court of Georgia | Oct 28, 2002 | 275 Ga. 656

...it was established that the will was executed with the proper formalities. Attached to the will offered for probate was a self-proving affidavit and certificate executed by the testatrix, the two witnesses to the will, and a notary public. See OCGA § 53-4-24....
...96-97. In light of the presence of the self-proving affidavit, the will could be admitted to probate (and into evidence) without the testimony of the subscribing witnesses or other proof that the formalities of execution were met. Id. See also OCGA § 53-4-24(c), which states that "[a] self-proved will or codicil may be admitted to probate without the testimony of any subscribing witness...." 2....
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Meadows v. Beam, 302 Ga. 494 (Ga. 2017).

Cited 6 times | Published | Supreme Court of Georgia | Oct 30, 2017 | 807 S.E.2d 339

...Arogeti, 277 Ga. 602, 602 (1) (592 SE2d 846) (2004); Powell v. Thigpen, 230 Ga. 760, 760-761 (2) (199 SE2d 251) (1973). Here, Caveators accepted that Decedent’s 2014 will and codicil were “self-proved,” as they contained affidavits complying with OCGA § 53-4-24....
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Miles v. Bryant, 589 S.E.2d 86 (Ga. 2003).

Cited 6 times | Published | Supreme Court of Georgia | Nov 17, 2003 | 277 Ga. 362, 2003 Fulton County D. Rep. 3395

...onsideration of wills, approving the fabrication of a will from fraud-riddled bits and pieces. Because the decision in this case encourages deception perpetrated on the courts and invents questions of fact where none exist, I dissent. NOTES [1] OCGA § 53-4-24....
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Reeves v. Webb, 297 Ga. 405 (Ga. 2015).

Cited 5 times | Published | Supreme Court of Georgia | Jun 29, 2015 | 774 S.E.2d 641

...the testator and the attesting witnesses made before a notary public. The affidavit and certificate provided in subsection (b) of this Code section shall be the only prerequisites of a self-proved will or codicil.5 5 OCGA § 53-4-24 (b) provides: 5 The affidavit shall be evidenced by a certificate, affixed with the official seal of the notary public, that is attached or annexed to the will or codicil, in form and co...
...OCGA § 53-5-21(a).7 6 The affidavit contained the signatures of the testator Schmidt, and the two witnesses to the Will as well as the signed attestation by a notary public, and was substantially similar in form to the example set forth in OCGA § 53-4-24 (b). 7 Present OCGA § 53-5-21 (a), effective January 1, 2015, provides: A will may be proved in solemn form after due notice, upon the testimony of all the 7 Singelman v....
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Auito v. Auito, 704 S.E.2d 789 (Ga. 2011).

Cited 3 times | Published | Supreme Court of Georgia | Jan 10, 2011 | 288 Ga. 443, 2011 Fulton County D. Rep. 50

...execution of the self-proving affidavit and expressly abandoned all other grounds of his caveat. The probate court found the self-proving affidavit to be legally sufficient because it was substantially similar in form to the example set out in OCGA § 53-4-24(b) and met the requirements of an affidavit as set out in Glenn v....
...authorized to administer the oath that the affidavit was actually sworn by the affiant before the officer." Roberson v. Ocwen Fed. Bank, 250 Ga.App. 350(2), 553 S.E.2d 162 (2001), citing Glenn v. MARTA, supra, 158 Ga.App. at 99, 279 S.E.2d 481. OCGA § 53-4-24(a) provides that a will "may be made self-proved and the testimony of the witnesses in the probate regarding such will may be made unnecessary by the affidavits of the testator and the attesting witnesses made before a notary public." "The...
...estation were met without the need for live testimony or affidavits from the will's witnesses." Duncan v. Moore, 275 Ga. 656(1), 571 S.E.2d 771 (2002). The affidavit and the notary's certificate are the only prerequisites of a self-proved will (OCGA § 53-4-24(a)), and OCGA § 53-4-24(b) provides the form with which the affidavit and certificate substantially should comply....
...cuted and invalid. The failure to include the names of the witnesses in the notary's certificate does not invalidate the self-proving affidavit because the affidavit substantially complies in form and content with the statutory example found in OCGA § 53-4-24(b), identification by name of the affiants in the notary's certificate is not an essential element of an affidavit, and the affidavit as executed contains the three essential elements of an affidavit....
...The probate court did not err when it concluded the propounder established a prima *791 facie case that caveator failed to rebut by a preponderance of the evidence. Judgment affirmed. All the Justices concur. NOTES [1] The statutory form for the notary's certificate found in OCGA § 53-4-24(b) is as follows: Sworn to and subscribed before me by ____ testator, and sworn and subscribed before me by ___ and ___, witnesses, this ___ day of ____, ____ (SEAL) (Signed) ________ (Official Capacity of Officer)
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Land v. Burkhalter, 283 Ga. 54 (Ga. 2008).

Cited 3 times | Published | Supreme Court of Georgia | Jan 28, 2008 | 656 S.E.2d 834, 2008 Fulton County D. Rep. 220

...ness to the will. In fact, her disqualification under OCGA § 45-17-8 (c) (1) is not material to any aspect of the execution of this will, since the services of a notary were unnecessary because this was not a self-proving will as authorized by OCGA § 53-4-24. There is a dispute in the evidence as to whether the will was executed in compliance with the requirements of OCGA § 53-4-20 (b)....
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Martina v. Elrod, 293 Ga. 538 (Ga. 2013).

Cited 2 times | Published | Supreme Court of Georgia | Sep 9, 2013 | 748 S.E.2d 412, 2013 Fulton County D. Rep. 2811

...l filed by the caveators below to determine the validity of the self-proving affidavit attached to the testator’s will. Having determined that the affidavit does not substantially comply with the requirements of a self-proving affidavit under OCGA § 53-4-24, we reverse the superior court’s conclusion to the contrary....
...stator’s marriage to Elrod. We granted Caveators’ interlocutory application to examine the first of these two determinations. 1. A will that is “self-proved” may be admitted for probate without the testimony of the attesting witnesses. OCGA § 53-4-24 (c)....
...s. Auito v. Auito, 288 Ga. 443, 443 (704 SE2d 789) (2011). To be self-proved, a will must have annexed to it an affidavit, sworn by the testator and attesting witnesses before a notary public, affirming that the will has been properly executed. OCGA § 53-4-24 (b); Duncan v. Moore, 275 Ga. 656 (1) (571 SE2d 771) (2002). A valid self-proving affidavit must have form and content substantially similar to that of the statutory template. See OCGA § 53-4-24 (b)....
...Specifically, the affidavit lacks an affirmation by the notary public that (1) those signing the affidavit were “known to [the notary] to be the testator and the witnesses”; (2) the witnesses were signing at the testator’s request; and (3) the witnesses were each at least 14 years of age at the time. See OCGA § 53-4-24 (b)....
...In other words, minor discrepancies in format or phraseology are acceptable, but the omission of substantive elements is not. Here, given the outright absence of at least three of the statutorily required elements, the affidavit annexed to Testator’s will is not in substantial compliance with OCGA § 53-4-24 (b) and therefore does not constitute a valid self-proving affidavit....
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Tuttle v. Ryan, 282 Ga. 652 (Ga. 2007).

Cited 2 times | Published | Supreme Court of Georgia | Nov 5, 2007 | 653 S.E.2d 50, 2007 Fulton County D. Rep. 3375

...“The controlling question is ‘whether [Ryan] had sufficient testamentary capacity at the time of executing the will.’ [Cit.]” (Emphasis in original.) Ashford v. Van Horne, 276 Ga. 636, 637 (1) (580 SE2d 201) (2003). Testimony from the attorney who prepared and witnessed the self-proved will, see OCGA § 53-4-24, an associate who also witnessed Ryan’s execution of the will, and the legal secretary who was present and notarized the will supported the probate court’s finding that Ryan possessed the necessary testamentary capacity at the time the...

Reeves v. Webb (Ga. 2015).

Published | Supreme Court of Georgia | Jun 29, 2015 | 653 S.E.2d 50, 2007 Fulton County D. Rep. 3375

...the testator and the attesting witnesses made before a notary public. The affidavit and certificate provided in subsection (b) of this Code section shall be the only prerequisites of a self-proved will or codicil.5 5 OCGA § 53-4-24 (b) provides: The affidavit shall be evidenced by a certificate, affixed with the official seal of the 5 In the present case, the Will had an attached executed self-proving affidavi...
...OCGA § 53-5-21 (a).7 6 The affidavit contained the signatures of the testator Schmidt, and the two witnesses to the Will as well as the signed attestation by a notary public, and was substantially similar in form to the example set forth in OCGA § 53-4-24 (b). 7 Present OCGA § 53-5-21 (a), effective January 1, 2015, provides: A will may be proved in solemn form after due notice, upon the testimony of all the witnesses in life and within the jurisdiction of the...