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Self-Proving Affidavit (Sample Language)
Validate your Last Will with witnesses clearly and legally using this Self-Proving Affidavit Template.
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Self-Proving Affidavit (Sample Language)
State of [State]
County of [County]
Before me, the undersigned authority, on this day personally appeared [Testator’s Name], [Witness #1 Name], and [Witness #2 Name], known to me (or proved to me on the basis of satisfactory evidence) to be the Testator and the witnesses whose names are signed to the attached or foregoing instrument. After being duly sworn, they each declared to me:
1. That the Testator signed the Will and declared the same to be his/her Last Will and Testament.
2. That the Testator signed voluntarily and was of sound mind.
3. That each witness signed the Will as a witness in the presence of the Testator and in the presence of each other at the Testator’s request.
Testator’s Signature: ________________________
Witness #1 Signature: _______________________
Witness #2 Signature: _______________________
Subscribed and sworn to before me on this [Day] of [Month, Year], by [Testator’s Name], [Witness #1 Name], and [Witness #2 Name].
Notary Public for the State of [State]
My commission expires: ___________
(Seal)
Important Notes for a Self-Proving Will
• Exact Wording: Some states have specific statutory language for the self-proving affidavit.
• Witness Requirements: Typically 2 witnesses who are not heirs or beneficiaries (to avoid a conflict of interest).
• Notarization: The affidavit is signed in the presence of a notary.
• Storage: Keep the original Will in a safe place. Let your Executor know how to access it.
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Self-Proving Affidavit (Sample Language)
SELF-PROVING AFFIDAVIT FAQ
What is a Self-Proving Affidavit?
A self-proving affidavit is a notarized legal document attached to a will that verifies the authenticity of the testator’s and witnesses’ signatures. It serves as sworn evidence that the will was properly executed, eliminating the need for witnesses to appear in court during the probate process. This affidavit is typically signed by the testator (the person making the will) and the witnesses at the same time the will is executed.
Why do you need a Self-Proving Affidavit?
You need a self-proving affidavit to simplify and expedite the probate process. Without it, witnesses may be required to testify in court to confirm the validity of the will—sometimes years after it was signed. By including this affidavit, you reduce the risk of delays, additional legal expenses, or disputes regarding the will’s execution. It also helps ensure that the court can admit the will into probate without unnecessary procedural hurdles.
When should you use a Self-Proving Affidavit?
You should use a self-proving affidavit at the time you create your will or when updating an existing will. It is particularly important if you anticipate that your witnesses may be difficult to locate in the future or may not be available to testify due to illness, relocation, or death. Including it at the outset can provide peace of mind for both you and your beneficiaries.
How to write a Self-Proving Affidavit?
To create a self-proving affidavit, clearly state that the witnesses observed the testator sign the will voluntarily and while of sound mind. The affidavit must be signed by the testator and witnesses in front of a notary public, who will then notarize the document. Ensure that it is attached to the will and stored together in a secure location. Many jurisdictions provide specific statutory wording that should be followed to ensure the affidavit’s validity.
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