Self-proving wills are designed to simplify the probate process by providing a declaration that the will was properly executed. However, there are common mistakes that can invalidate a self-proving will. Here, we explore three diverse examples to help you avoid these pitfalls.
A self-proving will requires the signatures of at least two witnesses who observed the testator sign the document. Failing to secure these signatures can render the will invalid during probate.
In this case, Jane decided to draft her own self-proving will. She was confident in her legal knowledge and believed she could complete the document without assistance. However, she forgot to have her two witnesses sign the will.
This omission led to complications when Jane passed away, as her family had to navigate a lengthy probate process to prove her intentions without a valid will.
A self-proving will must include a self-proving affidavit that certifies the validity of the will and the circumstances under which it was executed. Omitting crucial information can lead to issues in probate.
For example, Mark created a self-proving will and included an affidavit. However, he neglected to include specific details about when and where the will was executed. When Mark passed away, his family encountered resistance from the probate court due to the incomplete affidavit.
Each state has specific laws governing the execution of wills, including self-proving wills. Ignoring these regulations can void the will entirely.
Consider Sarah, who drafted her self-proving will while living in California but used a template from a website based on Florida law. The template did not comply with California’s requirements. Upon her death, the will was challenged in court due to its non-compliance with state laws, leading to significant delays in estate distribution.
By understanding these common mistakes in self-proving wills, you can take proactive steps to ensure that your estate plan is executed smoothly and according to your wishes.