Core documents

Self-Proving Affidavit

A notarized statement signed alongside a will so witnesses need not testify later to validate it.

A self-proving affidavit is a sworn statement signed by you and your witnesses at the same time as the will, usually before a notary. In it, everyone attests that the formalities were observed: you signed voluntarily, you appeared to understand what you were doing, and the witnesses saw it. It is attached to the will and travels with it.

Its purpose is to spare your executor a problem that surfaces years later. Without it, a probate court may require the witnesses to appear and confirm the signing. Witnesses move, lose touch, become ill, or die — and locating someone who watched a signature two decades ago can delay administration for months. The affidavit substitutes for that testimony.

The cost of adding one is close to nothing: a notary at the signing appointment. The cost of omitting it lands entirely on the people handling your estate, at a point when you are not available to help. That asymmetry is why it is standard practice wherever the state permits it.

Availability and exact form are matters of state law, and a few states handle the equivalent function differently. Follow your state's requirements when executing, and keep the affidavit physically attached to the original will — a self-proving affidavit that has been separated from the document it proves is of little use.

Frequently asked

Is my will invalid without one?
No. A properly signed and witnessed will is valid whether or not a self-proving affidavit is attached. The affidavit affects how easily the will is admitted to probate, not whether it is legally sound. Without one, your executor may need to track down the witnesses and have them testify, which is a delay rather than a defect.
Who signs it?
You and your witnesses, generally in front of a notary, at the same appointment as the will signing. Doing it simultaneously is the practical point — reassembling the same people later is exactly the difficulty the affidavit is meant to prevent. Note that a notary is not a substitute for witnesses; the affidavit is in addition to proper witnessing, not instead of it.
Does every state allow one?
Most do, and a few handle the same function through a different mechanism. Because the availability and the required wording are set by state law, use the form that matches your state rather than a generic one. Your state's guidance during document preparation is the right reference here, since a nonconforming affidavit may simply be disregarded.

This glossary is general information, not legal advice. Estate planning rules vary by state and change over time. Legacy Suite is not a law firm — for questions about your own situation, speak with a qualified estate planning attorney.

Back to the glossary