Wills & Trusts · 5 min read
The Self-Proving Affidavit: Why Every Will Should Have One
A self-proving affidavit lets the will be admitted to probate without dragging your witnesses into court years later. It must be notarized.
A self-proving affidavit is a notarized statement, signed by the testator and the witnesses, declaring that the will was properly executed under state law. It's attached to the back of the will at signing.
Without it, the witnesses must testify in court when the will is offered for probate — often years or decades after signing, when witnesses may have died, moved, or simply forgotten.
With it, the probate court accepts the will on its face. Every state that recognizes self-proving affidavits requires them to be notarized. The testator and both witnesses sign in front of the notary simultaneously.