How To Prove A Will When Your Subscribing Witnesses Are All Dead Or Unavailable?
January 30, 2012
Authored by: Luke Lantta
As ill luck or the passage of time would have it, subscribing witnesses to a will may be dead or otherwise unavailable when it finally comes time to petition to probate the will. How can you prove the will without subscribing witnesses?
In Mason v. Phillips, the Georgia Supreme Court walked through how you do it in Georgia, and found that the executor failed to prove the will.