What is a self-proving affidavit for a will, and do you need one?

A self-proving affidavit is an optional notarized document that accompanies your will and makes it self-proving. Having a self-proving will can speed up the probate process because the probate court doesn’t need to call your witnesses to testify.

There are benefits to having a self-proving affidavit for your will, but it’s an optional document, and your will is valid without one. Self-proving affidavits are currently allowed in all states except Ohio and Washington, D.C.

What is a self-proving affidavit?

A self-proving affidavit is a simple one-page form with the title “self-proving affidavit” at the top. The forms vary slightly by state, but there are several key components:

• A space for you to sign your name
• A space for each of your witnesses to sign their names
• A notary acknowledgement section, where the notary will sign and seal the document

After you and your witnesses sign, a notary public will witness and sign your affidavit. A notary is a person authorized by the government to witness the signing of important documents, and confirm the identity and competency of the people who sign them. A self-proving affidavit makes your will self-proving.

How does a self-proving affidavit work?

To understand the benefits of a self-proving affidavit, it helps to understand the process your will goes through after you die.

When you pass away, your will goes through a legal process called probate. During probate, a local court oversees the distribution of your property according to what you wrote in your will. But first, the court has to verify that your will is a valid legal document that truly reflects your wishes — after all, you aren’t around anymore to confirm it!

That’s where your witnesses — the people who signed your will alongside you — come in. Usually, the court calls your witnesses to confirm that your will is authentic. This process can take time, especially if a witness has died, lives far away, or is difficult to contact. But if you have a self-proving affidavit, your will becomes self-proving, meaning the probate court doesn’t need to call your witnesses to testify.

How to fill out a self-proving affidavit

Here are the steps to make a self-proving will:

1. Make your last will and testament. To do this, you can work with an attorney, purchase a will kit, or use FreeWill’s free online will software. Our DIY will forms have been rigorously reviewed by a network of estate attorneys, are completely free to use, and are legally valid in all 50 states + Washington D.C.
2. Choose your witnesses. Witnessing laws vary by state, but most states require at least two. They should be 18 or older and “disinterested,” meaning they won’t gain anything from your will.
3. Get a self-proving affidavit form. Most state legislatures provide these forms for free on their websites. You can also find free self-proving affidavit forms online.
4. Find a notary public who can notarize your will. Many locations have notaries, including banks, libraries, law and accounting firms, and even your local print shop. You can call your location of choice to check the hours their notary is on duty, and either schedule an appointment or walk in. You can also use a website, like Find a Notary, to search for notaries near you. The cost to notarize a document is typically around $15 to $25.
5. Sign in front of your witnesses and the notary. You (and your witnesses) should bring a valid ID along with your will and self-proving affidavit form. The notary will put you and your witnesses under oath when you sign. Some states require you to sign your will in front of the notary, and some only require you sign the affidavit — so make sure you understand your state’s laws beforehand.
6. Keep your will and self-proving affidavit together in a safe place. This could be in a fireproof safe in your home, a safe deposit box, or at a trusted attorney’s office. Make sure you tell your loved ones where they are.

What happens if a will is not self-proving?

Currently, Louisiana is the only state that requires you to notarize your will. If you live anywhere else in the U.S., your will doesn’t need to be self-proving — it’s an optional step, but one that can have some benefits for your loved ones.

Why should a will include a self-proving affidavit?

Although not necessary, there are some benefits to having a self-proving will. For starters, your witnesses who signed your will don’t have to physically appear in court to testify. This saves time, especially if your witnesses live far from you and would have to travel, or are hard for the court to get in touch with.

In addition, having a self-proving will adds an extra layer of defense against someone contesting it.

Should I have a self-proving affidavit?

Unless you live in Louisiana, you don’t need to notarize your will to make it legal. But in almost all other states, you do have the option to create a self-proving affidavit, which is a notarized form that makes your will self-proving. A self-proving will can speed up the probate process, which can be a relief for your loved ones.

Do you still need to create your last will and testament? You can use FreeWill to make yours in less than 20 minutes. Our online will-maker is completely free to use (we never ask for your credit card). Our will documents are valid in all 50 states + Washington, D.C., and we include state-specific instructions to make your will legally binding. Get started today.