![]() ![]() For over 100 years, customers needed to find, schedule, and visit a notary public in-person to have their signature verified.Ĭourt cases may take a long time to resolve, but getting your affidavit notarized doesn’t have to. Expediting the Legal Processĭespite their importance, getting documents notarized is incredibly frustrating. For example, if you live in Michigan, and you wish to gift your car to your son in Florida, you may be asked to file an affidavit. Depending on your state of residence, an affidavit may be required for certain transactions. While the terms “affiant” and “affidavit” are most often used in a courtroom setting, there are other times where you might hear these terms. Once the affiant acknowledges signing the document for its intended purpose and signs the affidavit, the document is notarized and becomes a sworn affidavit. The notary public is there to ensure the validity of the signature and guarantee that the signature was applied voluntarily and without coercion. There are two types of judicial notarizations: an acknowledgement and a jurat. In order to be admissible, affidavits must be notarized by a notary public. So what is an affidavit, and why are they so important? How to Prepare an AffidavitĪn affidavit is a document written statement filed by an affiant as evidence in court. ![]() The term is often used in a courtroom setting, and is deemed an important document in any case. The best way to make sure that you have created a valid will under Minnesota law that carries out your wishes is to prepare your will with a Minnesota probate lawyer.If you’ve ever invested in a Saturday afternoon Law & Order marathon, there’s a chance the term “affidavit” sounds familiar to you. Having a self-proving will can make the probate process simpler, because the witnesses are not required to attest to the will’s validity after the death of the testator. Minnesota provides a form to use to make a will self-proving, which should be generally followed. However, a will can be made “self-proving” in Minnesota, by attesting to the execution of the will in front of a notary. Does a Minnesota Will Have To Be Notarized To Be Valid?Ī will does not need to be notarized to be valid under Minnesota law. The signing of a will by an interested witness (someone who benefits from the will) does not invalidate the will or any provision of it. Each of whom sign the will within a reasonable time after witnessing either (a) the signing of the will or (b) the testator’s acknowledgement of that signature or acknowledgement of the will.Īn individual generally competent to be a witness may act as a witness to a will under Minnesota law.Section 524.2-502 requires that a Minnesota will is: Witness Requirements For a Valid Minnesota Will Having another person sign for the testator makes it easier for someone challenging the validity of the will to argue that the testator lacked the capacity to execute the will, even if the reason for having another person sign had nothing to do with the testator’s mental capacity. A Minnesota will can also be signed by the testator’s conservator pursuant to court order under section 524.5-411.Ī Minnesota will should be signed in the testator’s name by another person only if the testator is physically unable to sign the will. Minnesota law requires that a will be signed by the testator OR signed in the testator’s name by some other individual in the testator’s conscious presence and by the testator’s direction. A Valid Minnesota Will Must Be Signed By the Testator To be of sound mind under Minnesota law, the person making the will (the testator), must “understand the nature, situation, and extent of his property and the claims of others on his bounty” and can do so for long enough to form a rational judgment concerning them. Who Can Make a Valid Will Under Minnesota Law?Īny person 18 or more years of age who is of sound mind may make a valid will under Minnesota law. The requirements to make a valid will in Minnesota can be found at Minnesota Statutes § 524.2-502. To make a valid will under Minnesota law, the will must be: ![]()
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