How to Authenticate a Copy of a Will
- 1). Check whether the will was notarized and signed by the deceased and a witness if this is a 'self-proving will.' A self proving will is notarized by a Notary Public at the same time that the maker and witness sign it to prove authenticity when the testator dies.
- 2). Ensure the will was signed by two witnesses who can testify to its authenticity if it is not notarized. Witnesses in most states must be people who won't benefit from the estate. Find out if it was dated and signed by the deceased and whether the signature resembles the decedent's. Witnesses must sign an affidavit--a sworn statement--in some states in front of a notary public to prove the validity of the will in a probate court.
- 3). Find out if the will was filed with a courthouse by the decedent. It is not a legal requirement to file a will with the courts, but it helps to authenticate it because the filing is done by the testator. No specific legal language is required.
- 4). Identify the handwriting of the deceased if this is a holographic will. A holographic will is handwritten and, as of 2011, is valid in 25 states. It doesn't have to be notarized and no witness is required, but it has to be written entirely by hand. Ensure it has been signed by the deceased for it to be valid.
- 5). Look at the date the will was written and signed to ensure the deceased was mentally sound when it was written. If the deceased was mentally incompetent to understand the full value of the assets at the time of writing, the will becomes invalid--even when it is proven it was written by the deceased. Find out if the Will was written with the help of a lawyer. That would also help authenticate it.
