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A self-proving affidavit is document which states that each subscribing witness was present when the testator executed the Will and that, to the best of each witness's knowledge, the testator was:

      1. At least eighteen years old
      2. Possessed a sound mind, and
      3. Signed the Will freely.

The self-proving affidavit must be signed before an officer authorized to administer oaths, generally a notary public, when the Will is executed.

A Will must generally be "proven" when it is offered for probate. Proving the Will requires either the subscribing witnesses to appear and affirm that the signature on that Will belongs to the purported testator. Other people familiar with the testator's signature can also appear to make this affirmation if the subscribing witnesses are unavailable.

Rather than requiring people to appear and affirm the testator's signature after death, a self-proving affidavit is intended to avoid this requirement by providing an alternative as proof of the testator's signature.

Although its use is optional, a personalized and valid self-proving affidavit is included with each Will created for the states where they are used. The following four states do not have laws regarding self-proving affidavits:

Maryland, Ohio, Vermont, and Washington D.C.

See Also:
Witnesses, Generally; Witnesses, Eligibility