Where do I obtain a 'Proof of Will' document for Arkansas?
Full Question:
I took my Last Will and Testament to the courthouse today to have it notarized. I was told that in the state of Arkansas I also needed a 'Proof of Will' document in case one of the witnesses were to die before me. Is this true, and where do I obtain a 'Proof of Will' document for Arkansas?
02/05/2009 |
Category: Wills and Estates |
State: Arkansas |
#15166
Answer:
A self-proving affidavit is used to avoid having to call the witnesses who signed a will into court to validate a will when a person dies. While it is not required by law, it is recommended to minimize the problems that may occur in probating a will if the witnesses later become unavailable. Even if the witnesses are available when the maker of the will is deceased, having a self-proving affidavit saves delay and effort in having to bring the witnesses to court to prove the will. Please see the link to the Arkansas wills below. The wills offered by USlegalforms are state-specific and contain self-proving affidavits.
The following is an Arkansas statute:
28-25-106. Affidavit of attesting witness.
(a) Any attesting witness to a will may make and sign an affidavit before
any officer authorized to administer oaths in this state or in any other
state stating such facts as he or she would be required to testify to in an
uncontested probate proceeding concerning the will.
(b) The attesting witness may make and sign the affidavit at any time,
either:
(1) On his or her own initiative;
(2) At the request of the testator; or
(3) After the testator's death, at the request of the executor or of any
other person interested.
(c) The affidavit shall be written on the will, or, if that is
impracticable, it shall be securely affixed to the will or to a true copy
of the will by the officer administering the oath.
(d) If the probate of the will is uncontested, the affidavit may be
accepted by the probate court with the same effect as if the testimony of
the witness had been taken before the court.
