If you’ve ever prepared a will or estate planning document, you may have heard the term self-proving affidavit. While it’s not required in every situation, courts strongly favor these affidavits because they streamline legal proceedings and reduce delays.
Here’s what a self-proving affidavit is, how it works, and why courts “love” it.
What Is a Self-Proving Affidavit?
A self-proving affidavit is a sworn statement attached to a will (or similar estate document) that confirms:
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The will was signed voluntarily
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The signer was mentally competent
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The witnesses properly observed the signing
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All parties signed under oath before a notary
Because it’s notarized and sworn, the affidavit serves as pre-approved evidence of the will’s validity.
Why Courts Prefer Self-Proving Affidavits
Courts favor self-proving affidavits because they:
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Eliminate the need to locate witnesses years later
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Reduce probate delays
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Minimize disputes over execution
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Provide sworn evidence upfront
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Speed up estate administration
Without one, courts may require witnesses to testify — even decades after the will was signed.
How a Self-Proving Affidavit Works
At the time the will is executed:
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The signer signs the will
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Witnesses sign the will
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The signer and witnesses sign the self-proving affidavit
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A notary administers an oath or affirmation
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The notary notarizes the affidavit
This creates a legally sound record that courts can rely on.
Is a Self-Proving Affidavit Required?
No — but it is strongly recommended.
Most states allow self-proving affidavits, but they are optional. However, failing to include one can result in:
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Additional court hearings
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Delays in probate
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Increased legal costs
Some states have specific formatting or wording requirements, so compliance with state law is essential.
What a Self-Proving Affidavit Does Not Do
A self-proving affidavit:
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Does not replace a valid will
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Does not guarantee a will won’t be contested
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Does not eliminate all probate requirements
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Does not give legal advice
It simply proves that the will was executed correctly.
The Notary’s Role in a Self-Proving Affidavit
The notary:
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Verifies the identities of the signer and witnesses
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Administers the required oath or affirmation
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Ensures everyone signs in the correct order
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Completes the notarial certificate
The notary does not draft the affidavit or advise on estate planning.
State Law Matters
Each state determines:
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Whether self-proving affidavits are allowed
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How many witnesses are required
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Whether notarization is mandatory
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What wording must be used
Always follow the law of the state where the will is executed.
Why Courts “Love” Them
From a court’s perspective, a self-proving affidavit:
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Reduces administrative burden
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Prevents unnecessary hearings
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Preserves witness testimony
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Supports judicial efficiency
It makes the court’s job easier — and your family’s experience smoother.
Conclusion
A self-proving affidavit is a simple addition that can save time, reduce costs, and prevent headaches during probate. While not required, it is one of the most court-friendly tools in estate planning.
At Looking Glass Runners Notary, we carefully notarize self-proving affidavits in accordance with state law, ensuring documents are properly executed and court-ready.
