Use our self-proving affidavit to prove the validity of your will.
Updated September 27, 2023
Written by Sara Hostelley | Reviewed by Brooke Davis
A self-proving affidavit is a document that proves a testator created a will or codicil of their own volition. It also confirms that an individual signed a will in accordance with state law. A testator attaches this document to their will to make it part of the main document.
A self-proving affidavit is a sworn statement you attach to a last will and testament that helps prove the will’s validity through probate. If you don’t use a self-proving affidavit, the will’s witnesses may need to appear in court to verify its authenticity.
A self-proving affidavit is created by having witnesses sign before a notary public, attesting under penalty of perjury that they saw the testator (you) sign the will. They also confirm that you signed voluntarily and you agreed the will contained your intentions for the disposition of your property.
If a will is self-proving, the witness signatures don’t need to be proven as part of the probate process. In most states, you can make your will self-proving by attaching an affidavit to the will.
In the following states, wills are considered self-proving (meaning witnesses won’t have to testify in court to prove the will is valid) without an affidavit as long as they meet the state’s attestation and signature requirements:
If you live in Maryland, Louisiana, Ohio, or Washington, D.C., you can’t use a self-proving affidavit to validate your will. Unfortunately, your choice must go through the probate court with no exceptions.
A self-proving affidavit can be attached to your will to speed up the probate process in the remaining states.
When a will is probated, it must be validated and authenticated. This means the heirs must go to court and provide evidence that the will’s contents are accurate, the people designated to execute the will are the ones the testator intended to be named, and the will is legitimate.
Often, the witnesses will be called to court to testify that their signatures on the will are valid and that they witnessed you sign it. This can be a problem if, for instance, witnesses have died or moved away by the time the will needs to be proved.
If your state allows you to use a self-proving affidavit, witnesses will not need to appear in court. A self-proving affidavit can also help affirm that the will’s creator wasn’t under any undue influence at the time of their signature.
While a self-proving affidavit doesn’t let you skip the probate process altogether, having one can simplify it.
Here’s a list of step-by-step instructions to make a self-proving affidavit:
The first step is to gather your witnesses. Some states may only require one witness, but many require you to have at least two. Ensure these witnesses are disinterested, meaning they’re not recipients of any part of your will.
Hire a notary public and meet with them, ensuring your witnesses accompany you. You can look up a licensed notary in your area or see if your financial institution provides notary services.
Have the notary public conduct the signing of the document. As the testator, you’ll sign the document and have the witnesses watch you sign it. They’ll also add their signatures. The notary public will notarize the document by adding their signature and including the appropriate seal.
The last step is to attach the self-proving affidavit to the will so it becomes a part of the latter document.
Review a sample of our self-proving affidavit form. Download the document as a PDF or Word file below:
