§ 53-2-5 - (Pre-1998 Probate Code) "Codicil" defined; execution; codicil as constituting part of will; self-proved codicils
O.C.G.A. 53-2-5 (2010)
53-2-5. (Pre-1998 Probate Code) "Codicil" defined; execution; codicil as constituting part of will; self-proved codicils
(a) A codicil is an addition or supplement to a will which adds to, takes from, or alters the provisions of the will. It shall be executed with the same formality as a will. When admitted to probate, a codicil shall form a part of the will.
(b) At the time of its execution or at any subsequent date during the lifetime of the testator and the witnesses, a codicil may be made self-proved and the testimony of the witnesses in the probate thereof may be made unnecessary by the affidavits of the testator and the attesting witnesses made before an officer authorized to take acknowledgments to deeds of conveyance or to administer oaths under the laws of the state where the codicil is executed. The affidavit and certificate provided in subsection (c) of this Code section shall be the only prerequisite of a self-proved codicil.
(c) The affidavit shall be evidenced by a certificate, with official seal affixed, of such officer attached or annexed to the codicil in form and contents substantially as follows:
STATE OF
COUNTY OF
Before me, the undersigned authority, on this day personally appeared
, , and , known to me to be the
testator and the witnesses, respectively, whose names are subscribed to the
annexed or foregoing instrument in their respective capacities, and, all of
said persons being by me duly sworn, , testator, declared to me
and to the said witnesses in my presence that said instrument is a codicil
to the testator's last will and testament and that the testator had
willingly made and executed it as a free act and deed for the purposes
therein expressed. The witnesses, each on oath, stated to me in the
presence and hearing of the testator that the testator had declared to them
that the instrument is a codicil to the testator's last will and testament
and that the testator executed same as such and wanted each of them to sign
it as a witness; and upon oath each witness stated further that he or she
did sign the same as witness in the presence of the testator and at the
testator's request; that the testator was at that time 14 years of age or
over and was of sound mind; and that each of said witnesses was then at
least 14 years of age.
Testator
Witness
Witness
Sworn to and subscribed before me by , testator, and sworn to
and subscribed before me by and , witnesses, this
day of , 19 .
(SEAL)
(Signed)
(Official capacity of officer)
(d) A self-proved codicil may be admitted to probate without the testimony of any subscribing witness, but otherwise it shall be treated no differently than a codicil not self-proved. In particular and without limiting the generality of the foregoing sentence, a self-proved codicil may be contested, revoked, or amended in exactly the same fashion as a codicil not self-proved.