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Self-Proving Affidavit Template

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Self-Proving Affidavit Template

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Self-Proving Affidavit Template


This Self-Proving Affidavit (the “Affidavit”) is made on [Date] and relates to the Last Will and Testament of:

Testator: [Full Legal Name]
Address (Optional): [Address]
Date of Will: [Date Will Was Signed] (the “Will”)


1. Statement of Testator

1.1 I, [Testator Full Name], declare that I signed (or acknowledged my signature on) the Will on the date stated above.
1.2 I signed the Will willingly, for the purposes stated in the Will, and not under duress or undue influence.
1.3 At the time of signing, I was of legal age to make a will and of sound mind (as required by applicable law).
1.4 I requested the witnesses listed below to witness the signing of my Will.


2. Statement of Witnesses

2.1 We, the undersigned witnesses, declare that:

  • The Testator signed the Will (or acknowledged the signature) in our presence.

  • We signed the Will as witnesses in the Testator’s presence and in the presence of each other (if required).

  • The Testator appeared to be of sound mind and acting voluntarily.

  • To the best of our knowledge, we are not disqualified as witnesses under applicable law.


3. Witness Information

3.1 Witness 1:

  • Full Name: [Name]

  • Address: [Address]

  • Phone/Email (Optional): [Contact]

3.2 Witness 2:

  • Full Name: [Name]

  • Address: [Address]

  • Phone/Email (Optional): [Contact]


4. Optional Additional Statements

4.1 ☐ The Will was signed using a self-proving affidavit procedure permitted under the laws of [State].
4.2 ☐ Additional statement(s) required by local law: [Insert].


Signatures

Testator: [Full Name]
Date: [Date]
Signature: ___________________________

Witness 1: [Full Name]
Date: [Date]
Signature: ___________________________

Witness 2: [Full Name]
Date: [Date]
Signature: ___________________________


Notary / Notarization (Required)

State of [State]
County of [County]

On [Date], before me, [Notary Name], personally appeared [Testator Full Name], [Witness 1 Full Name], and [Witness 2 Full Name], known to me (or satisfactorily proven) to be the persons whose names are subscribed to this Affidavit, and acknowledged that they executed it for the purposes stated.

Notary Public Signature: _______________________
My Commission Expires: _______________________
Notary Seal (if applicable): ___________________

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Self-Proving Affidavit Template

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For quick answers, scroll below to see the FAQ.

Click below for detailed info on the template.
For quick answers, scroll below to see the FAQ.

SELF-PROVING AFFIDAVIT TEMPLATE FAQ


What is a self-proving affidavit?

A Self-Proving Affidavit is a sworn statement signed by the person making the will (the testator) and the will’s witnesses, usually in front of a notary. It helps “prove” the will later without needing the witnesses to appear in court, which can make probate faster and simpler.


Is a self-proving affidavit required?

Not always. Many wills are valid without one, but a self-proving affidavit can reduce delays if witnesses can’t be found or have passed away. Requirements vary by state, so this template uses flexible language you can adapt.


Who signs it?

Typically the testator and two witnesses sign, and a notary notarizes. Some jurisdictions have specific wording or witness rules. This template includes both witness blocks and a notarization section.


Does it replace witness signatures on the will?

No. The will still needs to be executed properly under applicable law. The self-proving affidavit is usually attached to the will and signed at the same time (or shortly after, where permitted).


When should it be signed?

Ideally at the same time the will is signed. This template includes a clear execution statement and confirmation that the testator signed willingly and was of sound mind.


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