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Frequently Asked Questions

What details or information does an Affidavit of Execution contain?

An Affidavit of Execution for Wills typically includes the following details:

  • Affiant’s information: Full name, address, occupation, and relationship to the testator.
  • Will details: Description of the Will, including its date, the testator’s name, and any codicils or amendments.
  • Execution details: Affiant’s affirmation that they witnessed the testator sign the will in the presence of the required witnesses.
  • Witness details: Information about the witnesses, including their full names, addresses, and signatures.
  • Notary acknowledgment: The notary public’s acknowledgment, seal, and signature, validating the affidavit’s authenticity.

When would I need an Affidavit of Execution?

You would need an Affidavit of Execution for Wills in situations such as:

  • Probate proceedings: To establish the validity and proper execution of the Will. 
  • Estate administration: As evidence to distribute the testator’s assets and fulfill their wishes.
  • Will disputes: To prevent challenges or disputes regarding the will’s execution.

Do I need to have my Affidavit of Execution notarized?

Yes, an Affidavit of Execution typically needs to be notarized. It requires the signature and seal of a licensed notary public to validate its authenticity and legal validity.

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