What to do if a Will is typed and signed by the deceased but only has one witness’s notarized signature so the probate will not accept it?

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What to do if a Will is typed and signed by the deceased but only has one witness’s notarized signature so the probate will not accept it?

It says that there must be 2 witnesses who have signed the Will in order for it to be valid? Can this be overturned? She had no husband and no children.

Asked on May 4, 2015 under Estate Planning, Kentucky

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Unfortunately, the requirements for wills are very rigid, and if a will does not meet those requirements, it cannot be admitted to probate and will instead be invalid. Since the testator (person making the will) is deceased, there is no chance to correct the shortcoming. Therefore, the will is not valid, and there is no way to overturn that. Instead, the assets will pass according to your state's laws for intestate succession, or who gets what when there is no will. If the deceased has not spouse or children, it should go to her parents, if one or both are alive; or here siblings, if any, if her parents are not alive.


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