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 |
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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 |