Self-Proving Affidavits for Wills

A self-proving affidavit is a simple addendum to a will that creates a legal presumption of its admissibility in probate court.

Although it requires a bit more work to execute a will with a self-proving affidavit, it makes sense to do so whenever executing a will.

When you use a self-proving affidavit, you and your witnesses will execute the will in front of a notary public. You need only two witnesses for the affidavit, and may omit references to a possible third witness. The notary may not sign as a witness.

Although there is no harm in adding a self-proving affidavit to a will, this option is not yet recognized by the laws of Maryland, Ohio, Vermont or the District of Columbia.

As the laws that allow for self-proving affidavits vary by state, should select the appropriate self-proving affidavit for your state:

Form 1: Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Hawaii, Idaho, Illinois, Indiana, Maine, Michigan, Minnesota, Mississippi, Montana, Nebraska, Nevada, New Mexico, New York, North Dakota, Oregon, South Carolina, South Dakota, Tennessee, Utah, Washington, West Virginia, Wisconsin.
 
Form 2: Delaware, Florida, Georgia, Iowa, Kansas, Kentucky, Massachusetts, Missouri, New Jersey, North Carolina, Oklahoma, Rhode Island, Utah, Virginia, Wyoming.
 
Form 3: New Hampshire.
 
Form 4: Pennsylvania
 
Form 5: Texas


Self-Proving Affidavit - Form 1

STATE OF State
COUNTY OF County

We, Testator’s Name, Witness 1's Name, Witness 2's Name, and Witness 3's Name, the testator and the witnesses, respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the testator signed and executed the instrument as the testator's will, that the testator signed willingly (or willingly directed another to sign for the testator), that the testator executed it as the testator's free and voluntary act for the purposes expressed in it, that each of the witnesses, in the presence and hearing of the testator, signed the will as witness, and that to the best of the witness's knowledge the testator was at that time 18 years of age or older, of sound mind, and under no constraint or undue influence.

Testator's Signature
Testator's Typed Name

Witness 1's Signature, Witness
Witness 1's Typed Name
Witness 1's Address

Witness 2's Signature, Witness
Witness 2's Typed Name
Witness 2's Address

Witness 3's Signature, Witness
Witness 3's Typed Name
Witness 3's Address

Subscribed, sworn to, and acknowledged before me by Testator’s Name, the testator, and subscribed and sworn to before me by Witness 1's Name, Witness 2's Name, and Witness 3's Name, witnesses, this Date day of Month, 20Year.

SEAL

Notary's Signature
Notary's Name, Notary Public.

My commission expires: Expiration Date

Self-Proving Affidavit - Form 2

STATE OF State
COUNTY OF County

I, the undersigned, an officer authorized to administer oaths, certify that, Testator’s Name, the testator, and Witness 1's Name, Witness 2's Name, and Witness 3's Name, the witnesses, whose names are signed to the attached or foregoing instrument and whose signatures appear below, having appeared together before me and having been first duly sworn, each then declare to me 1) that the attached or foregoing instrument is the last will of the testator; 2) the testator willingly and voluntarily declared, signed, and executed the will or willingly directed another to sign in the presence of the witnesses; 3) the witnesses signed the will upon request by the testator, in the presence and hearing of the testator, and in the presence of each other; 4) to the best knowledge of each witness the testator was, at the time of the signing, eighteen (18) years of age or older, of sound mind, and under no constraint or undue influence; and 5) each witness was and is competent and of proper age to witness a will.

Testator's Signature
Testator's Typed Name

Witness 1's Signature, Witness
Witness 1's Typed Name
Witness 1's Address

Witness 2's Signature, Witness
Witness 2's Typed Name
Witness 2's Address

Witness 3's Signature, Witness
Witness 3's Typed Name
Witness 3's Address

Subscribed, sworn and acknowledged before me by the testator, Testator’s Name, who is personally known to me or who has produced describe ID as identification, and sworn to and subscribed before me by the witnesses, Witness 1's Name who is personally known to me or who has produced describe ID as identification, , Witness 2's Name who is personally known to me or who has produced describe ID as identification and , Witness 3's Name who is personally known to me or who has produced describe ID as identification, and subscribed by me in the presence of the testator and the subscribing witnesses, all on Date.

SEAL

Notary's Signature, Notary's Name, Notary Public.
My commission expires: Expiration Date

Self-Proving Affidavit - Form 3 (New Hampshire)

STATE OF NEW HAMPSHIRE
COUNTY OF County

We, Testator, Witness 1's Name, Witness 2's Name, and Witness 3's Name, the testator and the witnesses, respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the testator signed and executed the instrument as the testator's will, that the testator signed willingly (or willingly directed another to sign for the testator), that the testator executed it as the testator's free and voluntary act for the purposes expressed in it, that each of the witnesses, in the presence and hearing of the testator, signed the will as witness, and that to the best of the witness's knowledge the testator was at that time 18 years of age or older, of sound mind, and under no constraint or undue influence.

Testator's Signature
Testator's Typed Name

Witness 1's Signature, Witness
Witness 1's Typed Name
Witness 1's Address

Witness 2's Signature, Witness
Witness 2's Typed Name
Witness 2's Address

Witness 3's Signature, Witness
Witness 3's Typed Name
Witness 3's Address

The foregoing instrument was acknowledged before me this DATE by Testator’s Name, the testator; Witness 1's Name, Witness 2's Name, and Witness 3's Name, the witnesses, who under oath do swear as follows:

  1. The testator signed the instrument as the testator's will or expressly directed another to sign for the testator.
  2. This was the testator's free and voluntary act for the purposes expressed in the will.
  3. Each witness signed at the request of the testator, in the testator's presence, and in the presence of the other witness.
  4. To the best of my knowledge, at the time of the signing the testator was at least 18 years of age, or if under 18 years was a married person, and was of sane mind and under no constraint or undue influence.

SEAL

Notary's Signature, Notary Public.
Notary's Name.
My commission expires: Expiration Date

Self-Proving Affidavit - Form 4 (Pennsylvania)

Acknowledgment

COMMONWEALTH OF PENNSYLVANIA
COUNTY OF County

I, Testator, the testator whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will; and that I signed it willingly and as my free and voluntary act for the purposes therein expressed. Sworn to or affirmed and acknowledged before me by Testator’s Name, the testator, this this Date day of Month, 20Year.

Testator's Signature
Testator's Typed Name Officer's Signature,
Officer’s Typed Name
Official Capacity of Officer

Affidavit

COMMONWEALTH OF PENNSYLVANIA
COUNTY OF County

We, Witness 1's Name, Witness 2's Name, and Witness 3's Name, the witnesses whose names are signed to the attached or foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw the testator sign and execute the instrument as his Last Will; that the testator signed willingly and executed it as his free and voluntary act for the purposes therein expressed; that each subscribing witness in the hearing and sight of the testator signed the will as a witness; and that to the best of our (my) knowledge the testator was at that time 18 or more years of age, of sound mind. Sworn to or affirmed and acknowledged before me byWitness 1's Name, Witness 2's Name, and Witness 3's Name, the witnesses, this Date day of Month, Year.

 

Testator's Signature
Testator's Typed Name

Witness 1's Signature, Witness
Witness 1's Typed Name
Witness 1's Address

Witness 2's Signature, Witness
Witness 2's Typed Name
Witness 2's Address

Witness 3's Signature, Witness
Witness 3's Typed Name
Witness 3's Address

SEAL

Officer's Signature,
Officer’s Typed Name
Official Capacity of Officer

Self-Proving Affidavit - Form 5 (Texas)

STATE OF TEXAS
COUNTY OF County

Before me, the undersigned authority, on this day personally appeared Testator’s Name, Witness 1's Name, Witness 2's Name, and Witness 3's Name, known to me to be the testator and the witnesses, respectively, whose names are subscribed to the annexed or foregoing instrument in their respective capacities, and, all of said persons being by me duly sworn, the said Testator’s Name, testator, declared to me and to the said witnesses in my presence that said instrument is his last will and testament, and that he had willingly made and executed it as his free act and deed; and the said witnesses, each on his oath stated to me, in the presence and hearing of the said testator, that the said testator had declared to them that said instrument is his last will and testament, and that he executed same as such and wanted each of them to sign it as a witness; and upon their oaths each witness stated further that they did sign the same as witnesses in the presence of the said testator and at his request; that he was at that time eighteen years of age or over (or being under such age, was or had been lawfully married, or was then a member of the armed forces of the United States or of an auxiliary thereof or of the Maritime Service) and was of sound mind; and that each of said witnesses was then at least fourteen years of age.

Testator's Signature
Testator's Typed Name

Witness 1's Signature, Witness
Witness 1's Typed Name
Witness 1's Address

Witness 2's Signature, Witness
Witness 2's Typed Name
Witness 2's Address

Witness 3's Signature, Witness
Witness 3's Typed Name
Witness 3's Address

Subscribed and sworn to before me by the said Testator, testator, and by the said Witness 1's Name, Witness 2's Name, and Witness 3's Name, witnesses, this Date day of Month, Year A.D.

SEAL

Officer's Signature
Officer's Name
Official Capacity of Officer

Copyright © 2016 Aaron Larson, All rights reserved. No portion of this article may be reproduced without the express written permission of the copyright holder. If you use a quotation, excerpt or paraphrase of this article, except as otherwise authorized in writing by the author of the article you must cite this article as a source for your work and include a link back to the original article from any online materials that incorporate or are derived from the content of this article.

This article was last reviewed or amended on May 30, 2017.