The Uniform Probate Code authorizes courts to probate a will that does not meet with the execution formalities of a witnessed or notarized will if there is clear and convincing evidence that the decedent intended the document or act to constitute the decedent’s will.
SECTION 2-503. Harmless Error.
Although a document or writing added upon a document was not executed in compliance with Section 2-502, the document or writing is treated as if it had been executed in compliance with that section if the proponent of the document or writing establishes by clear and convincing evidence that the decedent intended the document or writing to constitute:
(1) the decedent's will,
(2) a partial or complete revocation of the will,
(3) an addition to or an alteration of the will, or
(4) a partial or complete revival of the decedent's formerly revoked will or of a formerly revoked portion of the will.
Why it matters: This section replaces rigid formalism with a flexible standard that examines the testator's intent. It allows probate of documents that fail traditional execution requirements.
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