Self-proving affidavit
A sworn statement attached to a will, signed by the witnesses in front of a notary, so that a court can accept the will without tracking them down.
What it means
The witnesses swear that they watched the person sign, that the person appeared to know what they were doing, and that they signed as witnesses.
It is usually signed at the same time as the will, and it makes the will self-proving — admissible without further testimony.
Without one, a court may require a witness to be found and to give evidence, which years later can mean an affidavit from someone who has moved, or a hearing.
Why it matters
It converts a will that would need proving into one that does not, and it costs nothing extra at signing.
Its absence is one of the quieter causes of delay, discovered only when the will is filed and the witnesses cannot be found.
When you are likely to meet it
- When a will is being signed.
- When a court asks for proof of a will's execution.
- When reviewing whether a parent's will is complete.
How this varies by state
Whether a state provides for a self-proving affidavit, and its required wording, are set by state law.