Monday, February 23, 2015

During massachusetts probate is the actual will on file at the probate court.and must it have the actual notarized witness signatures or are...

Question

During massachusetts probate is the actual will on file at the probate

court.and must it have the actual notarized witness signatures or are just

printed names acceptable.



Answer

An original will, which is signed by two witnesses and a notary, is filed along with the Petition to Probate at the Probate and Family Court. The signatures can be printed if the persons signing the will normally print their signatures. If the original will cannot be located, a copy of the will can be filed as long as there is a motion requesting the admission of the copy and an affidavit explaining the efforts made to locate the original document.



Answer

I do not believe there is any requirement that the will be notarized, although a self-proving affidavit is preferred practice. There is a requirement that execution of the will by the testator is acknowledged by at least two witnesses. If you have a specific question about your situation, reach out to a probate attorney as soon as possible.



No comments:

Post a Comment