Self Proving Affidavit Form

A self-proving affidavit is a legal document attached to a will to verify the authenticity of its signatures. When a will is brought to probate, its validity must be proven before the court. To expedite this process, the will’s preparer may include a notarized self-proving affidavit, allowing the court to validate the will without further proof of authenticity.

Self Proving Affidavit Form

A self-proving affidavit is a legal document attached to a will to verify the authenticity of its signatures. When a will is brought to probate, its validity must be proven before the court. To expedite this process, the will’s preparer may include a notarized self-proving affidavit, allowing the court to validate the will without further proof of authenticity.

Last updated December 4th, 2024

A self-proving affidavit is a legal document attached to a will to verify the authenticity of its signatures. When a will is brought to probate, its validity must be proven before the court. To expedite this process, the will’s preparer may include a notarized self-proving affidavit, allowing the court to validate the will without further proof of authenticity.

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When a Self-Proving Affidavit is Used

A self-proving affidavit is a form that can but does not need to be attached to a will to speed up the process of estate administration. Without this affidavit, the witnesses to the signing of the will would have to be tracked down to provide a sworn statement of the will’s authenticity in court.

Sample

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SELF-PROVING AFFIDAVIT

State of [STATE] } 

County of [COUNTY] } 

I / We, [WITNESS NAME(S)], whose names are signed to the foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the Settlor(s) signed and executed the instrument as his/her [NAME OF DOCUMENT] and that he/she signed willingly, and that he/she executed it as his/her free and voluntary act for the purposes therein expressed, and that each of the individuals, in the presence of the Settlor(s) was at the time eighteen (18) or more years of age, of sound mind and under no constraint or undue influence. 

Affiant’s Signature ___________________________ Date __________________

Witness Signature _________________________ Date __________________

Witness Signature _________________________ Date __________________

NOTARY ACKNOWLEDGMENT

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

 

State of [STATE]
County of [COUNTY]

The foregoing instrument was acknowledged before me, [NOTARY PUBLIC NAME], on [MM/DD/YYYY], by the undersigned, [AFFIANT NAME], who is personally known to me or satisfactorily proven to me to be the person whose name is subscribed to the within instrument.

WITNESS my hand and official seal.

Signature: ________________________

(Seal)

Signing Requirements: By State

View State Requirements

STATE Signing Requirements STATUTE
Alabama Two witnesses and notary § 43-8-132
Alaska Two witnesses and notary § 13.12.504
Arizona Two witnesses and notary § 14-2504
Arkansas Two witnesses and notary § 28-25-106
California One witness § 8220
Colorado Two witnesses and notary § 15-11-504
Connecticut One witness and notary § 45a-285
Delaware Two witnesses and notary § 12-13-1305
Florida Two witnesses and notary § 732.503
Georgia Two witnesses and notary § 53-4-24
Hawaii Two witnesses and notary § 560:2-504
Idaho Two witnesses and notary § 15-2-504
Illinois Two witnesses § 755-5-6-4
Indiana Two witnesses and notary (separate affidavit not required) § 29-1-5-3.1
Iowa Two witnesses and notary § 633.279(2)
Kansas Two witnesses and notary § 59-606
Kentucky Two witnesses and notary § 394.225
Louisiana Not permitted. § 2891
Maine Two witnesses and notary § 2-503
Maryland Not required. § 5-303
Massachusetts Two witnesses and notary § 2-504
Michigan Two witnesses and notary § 700.2504
Minnesota Two witnesses and notary § 524.2-504
Mississippi One witness and notary §§ 91-7-7, 91-7-9
Missouri Two witnesses and notary § 474.337
Montana Two witnesses and notary § 72-2-524
Nebraska Two witnesses and notary § 30-2329
Nevada Two witnesses and notary §§ 133-050, 133-055
New Hampshire Two witnesses and notary (separate affidavit not required) § 551:2-a
New Jersey Two witnesses and notary § 3B:3-4
New Mexico Two witnesses and notary § 45-2-504
New York Two witnesses and notary § 1406
North Carolina Two witnesses and notary § 31-11.6
North Dakota Two witnesses and notary § 30.1-08-04
Ohio Not permitted. N/A
Oklahoma Two witnesses and notary § 84-55(5)
Oregon Two witnesses and notary § 113.055
Pennsylvania Two witnesses and notary § 3132.1
Rhode Island One witness and notary § 33-7-26
South Carolina One witness and notary § 62-2-503
South Dakota Two witnesses and notary § 29A-2-504
Tennessee One witness and notary § 32-2-110
Texas Two witnesses and notary § 251-104
Utah Two witnesses and notary § 75-2-504
Vermont Two witnesses and notary § 14-3-108
Virginia Two witnesses and notary § 64.2-452
Washington Two witnesses and notary § 11.20.020
West Virginia One witness and notary § 41-5-15
Wisconsin Two witnesses and notary § 853-04
Wyoming Two witnesses and notary § 2-6-114