Self-Proving Affidavit Template: Notary Language & Execution Rules

Create a self-proving affidavit document to accompany your last will and testament. This affidavit helps prove the validity of your will without requiring witnesses to appear in court.

Fill in the Form

1. State and County

State *

County *

2. Testator Information

Testator Name *

3. Witness Information

Witness #1 Name *

Witness #2 Name *

4. Date Information

Day *

Month *

Year *

5. Notary Information

Notary State *

Commission Expires

Preview

Self-Proving Affidavit (Sample Language)

State of [State]

County of [County]

Before me, the undersigned authority, on this day personally appeared [Testator's Name], [Witness #1 Name], and [Witness #2 Name], known to me (or proved to me on the basis of satisfactory evidence) to be the Testator and the witnesses whose names are signed to the attached or foregoing instrument. After being duly sworn, they each declared to me:

That the Testator signed the Will and declared the same to be his/her Last Will and Testament.
That the Testator signed voluntarily and was of sound mind.
That each witness signed the Will as a witness in the presence of the Testator and in the presence of each other at the Testator's request.

Testator's Signature: ________________________

Witness #1 Signature: _______________________

Witness #2 Signature: _______________________

Subscribed and sworn to before me on this [Day] of [Month, Year], by [Testator's Name], [Witness #1 Name], and [Witness #2 Name].

Notary Public for the State of [State]

My commission expires: ___________

(Seal)

Important Notes for a Self-Proving Will

Exact Wording: Some states have specific statutory language for the self-proving affidavit.
Witness Requirements: Typically 2 witnesses who are not heirs or beneficiaries (to avoid a conflict of interest).
Notarization: The affidavit is signed in the presence of a notary.
Storage: Keep the original Will in a safe place. Let your Executor know how to access it.

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Frequently Asked Questions

Find answers to common questions about our templates.

What is a holographic will?

A holographic will is a will that is entirely handwritten by the testator (the person making the will) and signed by them. Some states recognize holographic wills as valid even without witnesses, but requirements vary by jurisdiction.

Do I need witnesses for a holographic will?

Witness requirements for holographic wills vary by state. Some states recognize holographic wills without witnesses, while others require witnesses. It's important to check your state's specific requirements to ensure your will is valid.

Can I type parts of a holographic will?

No. For a will to be considered holographic, it must be entirely handwritten by the testator. Typed parts may invalidate the will in states that recognize holographic wills. The entire document should be in your own handwriting.

Is a holographic will legally binding?

Holographic wills can be legally binding in states that recognize them, but they are more easily contested than formally executed wills with witnesses and notarization. We recommend consulting with an attorney to ensure your will meets all legal requirements in your state.

Should I use a holographic will or a formal will?

While holographic wills can be valid in some states, formal wills with proper witnesses and notarization are generally safer and less likely to be contested. For important estate planning matters, we strongly recommend consulting with an estate planning attorney to create a properly executed will.

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