WILLS
A NOTARIZED WILL DOES NOT HAVE TO BE
PROBATED.
Published by Paragon Notary on 14th July, 2021.
The law recognizes
two types of wills that are not notarized - 1: the holograph will. This will
must be entirely written and signed by the person himself, without using a
computer or other technical device. It is usually hand written, however, if a
person cannot use his hands, he may write with his mouth or his feet.
The other is known as the will before two witnesses. It can be hand
written, prepared with the use of an electronic device or in preprinted format
by the person or another person. The witnesses must then attest that the paper
is indeed the will of the person who is about to sign, and afterwards that it
is that individual's signature. The witnesses must then write their own
initials on every page of the will and sign it.
When a person dies
leaving behind a will that is not notarized, the law requires that its validity
be ascertained by a notary or a court. Our professional
Notary Public is qualified to assist in this situation. Any non-notarized
modification made to a will must be probated, whether the will is notarized or
not. This is the case for modifications made in a holograph will or in a will
before two witnesses when someone makes changes to their own notarized
contract.
The probate may take
several months and could be costly. Normally, these costs are paid with the
money and the property of the deceased. If there is not enough, consult your notary about different potential resolutions.
The probate procedure also allows those who are settling the
succession, as well as the heirs named in the will, to consult it. Our notary may provide them with true copies or excerpts of the will if necessary. The probate
procedure required by law is intended to:
+ Confirm the person is deceased.
+ Ascertain that the will is their own and that on first sight it
appears to be the person's last.
+ Verify that the will meets the legal conditions required to be
valid.
Paragon Notary will be able to take care of all the legal procedures
required to probate
a will that is not notarized or modifications that are not notarized. This will
include:
+ Verifying the identity of the deceased and the evidence of the
person's death.
+ Informing potential heirs in writing that there is a will or that
modifications have been made
+ Obtaining the affidavits of witnesses to confirm (among other
things) that the will is indeed that of the deceased.
+ Submitting to the court all documents required by the law.
An expert notary will know what documents are required to prepare a probate report which will
be the official document confirming that the will has been probated. Otherwise,
your notary will submit a file to the court containing all the documents
required to probate the will. The court will then render a probate judgment. If
the probating of the will is contested, the notary must submit the file to a
court so that it may render judgment.
A notary may ask you about the deceased person may include their full
name, contact information, date of birth, and social insurance number, any
documents relating to their civil status (marriage certificate, marriage
contract, judgment of divorce, etc.). He may request the original will and its
modifications. We understand what you
may be going through, if you need assistance contact our
notary public for guidance.
