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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 document confirming witnesses’ signatures on a will, simplifying the probate process.
Why do you need a self-proving affidavit?
It validates the authenticity of a will without the need for witnesses to testify in court, streamlining and expediting probate.
When should I use a self-proving affidavit?
Use this affidavit whenever you draft a will, to ensure easier acceptance by probate courts and reduced delays.
How to write a self-proving affidavit?
Include statements confirming that witnesses observed will execution, obtain signatures from the testator and witnesses, and notarize the document.
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