Updated June 30, 2022
A self-proving affidavit is used to confirm that a Will or Codicil was created of the testator’s own free will. The affidavit also includes language that verifies, under oath, the witnesses viewed the testator signing the Will or Codicil in their presence. After creation, the self-proving affidavit should be attached and made part of the document.
Main Purpose
A self-proving affidavit’s main purpose is to confirm a Last Will was signed in accordance with bbin电竞官网官方永久 law . This is in the chance a 3rd party questions the validity of the Last Will.
By bbin电竞官网官方永久
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana*
- Maine
- Maryland*
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio*
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- Washington D.C.*
- West Virginia
- Wisconsin
- Wyoming
*Not permitted under bbin电竞官网官方永久 law.
Table of Contents |
How to Make a Self-Proving Affidavit
- Step 1 – Gather Two (2) Disinterested Witnesses
- Step 2 – Meet with a Notary Public
- Step 3 – Sign the Affidavit
Step 1 – Gather Two (2) Disinterested Witnesses
The testator will need to gather two (2) disinterested witnesses meaning that they are individuals that are not named in the Will. The witnesses must be over the age of eighteen (18) years.
Step 2 – Meet with a Notary Public
The testator will need to make arrangements to make a time with a notary public with the witnesses.
It’s recommended to use any of the following:
- Testator’s estate attorney (which should receive a copy anyway);
- Bank representative ( Bank of America charges a small fee); or
- Any licensed notary (perform a lookup on the American Assoc. of Notaries ).
Step 3 – Sign the Affidavit
The testator will be required to bring the Will or Codicil, the Self-Proving Affidavit, and the two (2) disinterested witnesses to the notary. Once notarized, the affidavit will be attached to the Will or Codicil and is made part of the document.
Signing Requirements
Signing Requirements | Statutes | |
---|---|---|
Alabama | Two (2) witnesses and a notary public. | § 43-8-132 |
Alaska | Two (2) witnesses and a notary public | § 13.12.504 |
Arizona | Two (2) witnesses and a notary public | § 14-2504 |
Arkansas | Two (2) witnesses and a notary public | |
California | One (1) witness | § 8220 |
Colorado | Two (2) witnesses and a notary public | § 15-11-504 |
Connecticut | One (1) or more witnesses and a notary public | § 45a-285 |
Delaware | Two (2) witnesses and a notary public | § 12-13-1305 |
Florida | Two (2) witnesses and a notary public | § 732.503 |
Georgia | Two (2) witnesses and a notary public | § 53-4-24 |
Hawaii | Two (2) witnesses and a notary public | § 560:2-504 |
Idaho | Two (2) witnesses and a notary public | § 15-2-504 |
Illinois | Two (2) witnesses | § 755-5-6-4 |
Indiana | Separate affidavit not required. | § 29-1-5-3.1 |
Iowa | Two (2) witnesses and a notary public | § 633.279(2) |
Kansas | Two (2) witnesses and a notary public | § 59-606 |
Kentucky | Two (2) witnesses and a notary public | § 394.225 |
Louisiana | Not permitted. | No statute. |
Maine | Two (2) witnesses and a notary public | § 2-503 |
Maryland | Not permitted. | No statute. |
Massachusetts | Two (2) witnesses and a notary public | § 2-504 |
Michigan | Two (2) witnesses and a notary public | § 700.2504 |
Minnesota | Two (2) witnesses and a notary public | § 524.2-504 |
Mississippi | At least One (1) witness and a notary public | § 91-7-7 |
Missouri | Two (2) witnesses and a notary public | § 474.337 |
Montana | Two (2) witnesses and a notary public | § 72-2-524 |
Nebraska | Two (2) witnesses and a notary public | § 30-2329 |
Nevada | Two (2) witnesses and a notary public | § 133-050 and § 133-055 |
New Hampshire | Separate affidavit not required. | § 551-2-a |
New Jersey | Two (2) witnesses and a notary public | § 3B:3-4 |
New Mexico | Two (2) witnesses and a notary public | § 45-2-504 |
New York | Two (2) or more witnesses and a notary public | § 1406 |
North Carolina | Two (2) witnesses and a notary public | § 31-11.6 |
North Dakota | Two (2) witnesses and a notary public | § 30.1-08-04 |
Ohio | Not permitted. | No statute. |
Oklahoma | Two (2) witnesses and a notary public | § 84-55(5) |
Oregon | One (1) or more witnesses and a notary public | § 113.055 |
Pennsylvania | Two (2) witnesses and a notary public | § 3132.1 |
Rhode Island | One (1) or more witnesses and a notary public | § 33-7-26 |
South Carolina | One (1) or more witnesses and a notary public | § 62-2-503 |
South Dakota | Two (2) witnesses and a notary public | § 29A-2-504 |
Tennessee | One (1) or more witnesses and a notary public | § 32-2-110 |
Texas | Two (2) witnesses and a notary public | § 251-104 |
Utah | Two (2) witnesses and a notary public | § 75-2-504 |
Vermont | Two (2) witnesses and a notary public | § 14-3-108 |
Virginia | Two (2) witnesses and a notary public | § 64.2-452 |
Washington | Two (2) or more witnesses and a notary public | § 11.20.020 |
West Virginia | One (1) or more witnesses and a notary public | § 41-5-15 |
Wisconsin | Two (2) witnesses and a notary public | § 853-04 |
Wyoming | Two (2) witnesses and a notary public | § 2-6-114 |
Video
How to Write
Download : Adobe PDF , Microsoft Word (.docx) or Open Document Text (.odt)
1 – Set Up The Paperwork
In order to implement this document, you will need the paperwork it refers to, the Signature Party implementing that paperwork, the Witnesses who are providing the testimony in the affidavit, and Notary Public. Once all these parties and paperwork is accounted for, the form available on this page may be utilized (open or download by clicking the buttons on the right).
2 – Supply The Location Where This Form Is Implemented
The first two blank lines in the upper left-hand corner will need two pieces of information. Enter the bbin电竞官网官方永久 and County where this form is being signed on the blank lines labeled “bbin电竞官网官方永久 of” and “County of” (respectively).
3 – Provide The Identity Of The Verifying Witnesses
The main paragraph in this form will provide the language required for this document’s purpose. Enter the Name of each Witness on the first blank line of this paragraph
4 – Identify The Paperwork This Instrument Refers To
Since this Affidavit will refer to a specific document implemented by the Signature Party executing it, you will need to enter the Title of the document (Living Will or Trust) being supported by this Affidavit. Enter the exact Title of the document this Affidavit will be attached to on the second blank line in this paragraph.
5 – Each Party Must Perform The Act Of Signing
Directly below this paragraph will be three Signature Lines with a blank line for the Signature Date. The first Signature Line must be signed by the individual who has executed the paperwork named in the above paragraph. He or she must sign the “Individual’s Signature” line then provide the Date of Signature on the second blank line.
The next two Signature Lines are for the use of the two Witnesses named in the paragraph above. Each Witness must sign a unique “Witness Signature” line then enter the Signature Date on the corresponding “Date” line.
6 – The Notary Public Must Verify And Notarize This Signing
The Notary Public must supply several pieces of information before his or her credentials and notarization seal. He or she will provide the Date, and the Identity of the individuals appearing that day, then finalize the notarization process by providing some standard commission information and stamping this document. Once this is done you may attach this form to the document it should be applied to.