In all fifty states, a will is considered legal when it has been signed in front of two witnesses. To prove its validity, those witnesses affix their signatures to the document. The witnesses may be required to testify that you were of sound mind and signing of your own free will.
What happens, though, if the two witnesses are unable or unwilling to confirm that the will is your own? In that case, a presiding judge can make decisions regarding your assets, which may not correspond with your desires. A self-proving affidavit can alleviate the burden of proving that a will is authentic.
What is a Self-Proving Affidavit?
A self-proving affidavit is a separate legal document that asserts your will as your own. After witnessing your signing of the will, the two witnesses also sign the self-proving affidavit. Furthermore, a notary public must then sign and notarize the affidavit to confirm its authenticity.
What is the Purpose of a Self-Proving Affidavit?
When a signed, notarized self-proving affidavit is attached to a will, it signifies to the judge that your witnesses watched you sign. Because your will gives directions from you about how you want your assets distributed after your death, the court needs to verify that it is actually your will. You will no longer be around to verify that it is yours, so the self-proving affidavit proves it on your behalf.
What is a Self-Proving Will
A self-proving will is a type of last will and testament that includes a notarized affidavit signed by the testator (the person making the will) and the witnesses at the time the will is executed. Adding a self-proving affidavit simplifies and expedites the probate process by providing the court with a clear, authenticated record of the will’s validity, thereby reducing the risk of disputes and ensuring efficient honoring of the testator’s wishes.
How do I Include a Self-Proving Affidavit
Some notarized wills include a clause that makes them self-proving without including any additional documentation. However, most states don’t require a will to be notarized to be legally binding.
For wills that are not notarized and do not include a self-proving clause, you will need to include the extra form. Therefore, it is essential to check with your state about any specific requirements for the wording of the affidavit. Both you and the two witnesses who watched you sign your will must sign the affidavit in front of a notary public who will notarize the document. Fortunately, you can find a notary public at most banks and some libraries or post offices.
Is a Self-Proving Affidavit Required?
Certainly! Here’s the paragraph with transition words added:
A self-proving affidavit is not required for your will to be legally binding. Nonetheless, providing the affidavit is a simple way for your family to finalize your wishes after you pass away. Moreover, if you have taken the time to arrange plans for the things you will leave behind after your death, it is wise to ensure that the court accepts your will without any doubt that it is yours. This is precisely what a self-proving affidavit accomplishes.
Sample of a Self-Proving Affidavit
Self-Proving Affidavit for a Testator (Will Owner)
State of [State]
County of [County]
Before me, the undersigned authority, on this day personally appeared [Testator’s Name], [Witness 1’s Name], and [Witness 2’s Name], who, being first duly sworn, and upon their oaths, do hereby declare to the undersigned authority as follows:
1. That the Testator, [Testator’s Name], signed the attached or foregoing instrument as the Testator’s Last Will and Testament.
2. That the Testator signed this Will in the presence of the undersigned witnesses, [Witness 1’s Name] and [Witness 2’s Name].
3. That the Testator executed this Will willingly, and the Testator executed it as the Testator’s free and voluntary act for the purposes expressed therein.
4. That each of the witnesses, in the presence and hearing of the Testator, signed the Will as witnesses.
5. That to the best of the witnesses’ knowledge, the Testator was at the time of the execution of the Will of sound mind and memory and under no constraint or undue influence.
We, [Testator’s Name], [Witness 1’s Name], and [Witness 2’s Name], being first duly sworn, on oath state that the facts contained in this affidavit are true, to the best of our knowledge and belief.
______________________________________
[Testator’s Name], Testator
______________________________________
[Witness 1’s Name], Witness
______________________________________
[Witness 2’s Name], Witness
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] and [Witness 2’s Name], witnesses, this _____ day of _______________, 20___.
______________________________________
Notary Public, State of [State]
My Commission Expires: ______________
This sample is a general template and may need to be adjusted to comply with specific state laws and requirements. Always check with a legal professional in your jurisdiction to ensure that the self-proving affidavit meets all necessary legal standards.
In Conclusion
In all fifty states, a will gains legal validity when two witnesses affirm that the testator signed the document of their own volition and sound mind. However, complications arise if these witnesses are unable or unwilling to verify the will’s authenticity. This could potentially lead a judge to decide on asset distribution against the testator’s wishes. Here, a self-proving affidavit plays a crucial role. It is a separate legal document signed by the testator and witnesses, notarized to confirm authenticity. This affidavit ensures that the court recognizes the will as genuinely reflecting the testator’s intentions, even in their absence, thereby helping to streamline probate and minimize disputes.
