Self-Proved Affidavit

Self-Proved Affidavit

It is highly recommended in most states that you include a notarized self-proved affidavit to the will. This is usually a separate sheet of paper attached to your will that is signed and notarized (sworn to under oath) at the same time your will is signed and witnessed.

If a will is accompanied by a notarized self-proved affidavit, it may be admitted to probate without delay or further contacting the witnesses.

Without a self-proved affidavit, your will cannot be admitted to probate until the court determines that it is valid. This can mean the witnesses must be located and asked to sign an oath, or if the witnesses are dead, someone may have to verify your handwriting.

You are not required to have a self-proving affidavit, it just makes the probate process faster and easier. If it is difficult for you to get to a notary and you wish to make out your will right away, you can do so without a notary.