After the document has been signed and notarized, the last step is to safely store it with your will.Ī majority of states permit self-proving affidavits to be attached to wills. Due to varying state laws, witnesses should not be beneficiaries. Once you’ve acquired a self-proving affidavit form, you’ll need to arrange for two witnesses to sign the document with you in front of a notary public. I / We, _, whose names are signed to the foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the Settlor(s) signed and executed the instrument as his/her _ and that he/she signed willingly, and that he/she executed it as his/her free and voluntary act for the purposes therein expressed, and that each of the individuals, in the presence of the Settlor(s) was at the time eighteen (18) or more years of age, of sound mind and under no constraint or undue influence. Here’s an example of what self-proving affidavit language can look like: If not, your state may include a template in its laws or on its website. Working with a professional can ensure your will and self-proving affidavit are legal and properly written.īut if you are writing your own will, the online program you use to create the document may have an option to add a self-proving affidavit. First, an estate planning attorney or financial advisor with estate planning expertise can easily add one to your will. How to Create a Self-Proving AffidavitĪ person looking to attach a self-proving affidavit to their will has several primary options for doing so. While optional, self-proving affidavits can expedite the probate process and speed up the transfer of assets to beneficiaries because witnesses don’t need to vouch for the will in probate court. The testator and witnesses sign the document in front of a notary public and then attach it to the will. This sworn statement authenticates that the testator (person whose will it is) was of sound mind when they signed their will. That’s where a self-proving affidavit can be useful. This testimony can delay the distribution of assets to beneficiaries and create added stress for the will’s executor if a witness has moved away or are is no longer alive. When a will goes to probate, the court-supervised process of validating a deceased person’s will, those witnesses may be called to probate court to confirm the will is authentic. For a will to be valid, it must be signed by two adult witnesses.
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