What to do if we have a copy of my mother’s Will that has original signaturestht are witnessed but there is no certification?

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What to do if we have a copy of my mother’s Will that has original signaturestht are witnessed but there is no certification?

My mother’s attorney passed away in 2008, I have tried to contact one of his daughters but have not gotten a reply. What actions can we take to get the Will filed?

Asked on July 12, 2011 under Estate Planning, Connecticut

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your loss.  I am not familiar with the procedural aspects of probating a Will in Connecticut and it always a good idea to have an attorney in your area at least review the Will and let you know where you stand.  But I do think that maybe you may think that there is a problem here that really there is not.  Generally speaking, a Last Will and Testament has to be executed by the Testator infront of two witnesses (many attoreneys have three becuse two are generally required for probate , although you can get around that rule if need be). The certification that I think that you are referring to are what is known as self proving affidavits that can also be executed when the Will is executed.  That is so when the testator passes away the attorney or family member probating the Will does not have to go crazy trying to find the witnesses and have them sign the affidavits then.  Get some help here.  Good luck.


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