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When someone dies and their will goes to probate court, the court needs to confirm that the will is genuine. One way it does this is by contacting the witnesses who watched the will get signed and asking them to confirm what happened. A self-proving affidavit generally removes that step.
How it works
In most states, a self-proving affidavit is a sworn statement, signed by you and your witnesses in front of a notary public, attached to your will at the time of signing. In the affidavit, you confirm that you signed the will voluntarily, and your witnesses confirm that they watched you sign it.
Because the affidavit is notarized, the court can accept the will as valid without tracking down your witnesses to testify. The notary's seal serves as independent verification that everyone was present and signed willingly.
A few states use a different mechanism. In California, for example, the will is made self-proving by the witnesses signing a declaration under penalty of perjury, with no notary involved. And Ohio has no self-proving affidavit at all: the probate court admits a will on the face of the document, or on the witnesses' testimony if the court asks for it.
Why it matters
Without a self-proving affidavit, the probate court must verify your will the hard way. That usually means locating your witnesses and getting them to confirm their signatures, either in person, by written statement, or by deposition.
This can be a real problem. By the time your will goes to probate, your witnesses may have moved, become hard to reach, or even died themselves. If the court can't verify the witnesses' signatures, your will may face additional challenges or delays.
With a self-proving affidavit, the court can generally accept the will on the affidavit instead of the witnesses' testimony.
Is it required?
In most states, a self-proving affidavit is optional. A will can be valid without one. Many people get one anyway: it usually costs only a notary visit, and it lets the court accept the will without locating the witnesses.
A few states include the self-proving language directly in the will's signature block, so you don't need a separate document. Will.com formats your will according to your state's specific approach.
How to get one
In most states the process is simple: when you sign your will in front of your witnesses, have a notary public present at the same session. After you and your witnesses sign the will, everyone signs the self-proving affidavit, and the notary applies their seal. (In California, your witnesses simply sign the declaration; no notary is needed.)
The entire addition takes about five minutes and costs whatever the notary charges, typically $5 to $15 per signature. Many banks offer free notarization to account holders. You can also use remote online notarization if your state allows it for wills.
Will.com includes a self-proving affidavit or declaration with every will in the states that allow one, formatted for your state's requirements. All you need to do is follow the signing instructions that come with your will.