In plain English
Witnesses and the testator swear before a notary. State law decides the wording.
It does not replace the need for a valid will.
Why it matters
When a will is offered for probate, the court may want proof that it was properly signed. Without a self-proving affidavit, that can mean tracking down the original witnesses years later, some of whom may have moved or died. The affidavit can make that step simpler.
It only helps if it is completed correctly, with the person making the will and the witnesses swearing before the notary at the same signing.
Worked example
After signing a will, the testator and witnesses sign a self-proving affidavit before a notary.
What to do
- Have an attorney prepare both the will and the affidavit wording for your state.
- Schedule one appointment where the testator, both witnesses and the notary are all present.
- Make sure everyone brings an unexpired photo ID.
- Have each person take the oath or affirmation and sign in front of the notary.
- Store the signed original where the executor can find it.
Common mistakes
- Having one witness sign the affidavit a day later can defeat its purpose and may raise questions in probate.
- Choosing a beneficiary as a witness can create problems the attorney would have flagged in advance.
- Believing the affidavit fixes a will that was not signed properly misunderstands what it does.
Not the same as: Affidavit
A self-proving affidavit is a specific sworn statement tied to a will, while an affidavit is any written statement sworn to before a notary. See Affidavit.
Go deeper
- Self-Proving Affidavit for a Will: Who Signs What: A self-proving affidavit lets witnesses' sworn statements stand in for later testimony. Learn the signing order, roles and notary responsibilities.
- Probate and Estate Settlement: Which Papers Need a Notary: Common probate and estate settlement forms that need notarization: affidavits, receipts and releases, deeds, and what to bring when a family signs.
Related terms
- Signer: The person who signs the document and whose signature the notary is notarizing.
- Signing by mark: When a person who cannot sign their name makes a mark, usually with witnesses, and the notary records it.
- Scanback: The scanned copy of signed loan documents a signing agent sends back, in addition to the physical return.
Common questions
What is a self-proving affidavit?
A sworn statement attached to a will that can simplify proving the will later.
Can you give an example of self-proving affidavit?
After signing a will, the testator and witnesses sign a self-proving affidavit before a notary.
Is a self-proving affidavit required for a will to be valid?
In many places it is optional and helps later rather than being required. An attorney can explain how it works in your state.
Can the notary also serve as one of the witnesses?
Many states and attorneys advise against it or do not allow it. Ask the attorney preparing the will before the appointment.
General information, not legal advice. Rules vary by state and change; check with your state's commissioning office.