Self-Proving Affidavit for a Will: Who Signs What

The idea behind it

After someone dies, a court must be satisfied the will was properly signed. Without a self-proving affidavit, the court may ask the witnesses to appear or sign statements years later, which can be hard. With the affidavit, those statements already exist.

Not every state treats it the same way. An attorney should prepare the correct form.

Roles in the room

The will-maker, called the testator, signs the will in front of the witnesses. The witnesses sign after seeing the testator sign. The testator and the witnesses then sign the affidavit before a notary. The notary administers an oath and completes a jurat, or whatever certificate the attorney's form calls for.

Witnesses should be adults without a stake in the will. The attorney will usually say who qualifies.

The notary's checks

The notary verifies the ID of everyone signing the affidavit, and observes the oath and signatures. They confirm the testator appears to be signing freely and without apparent pressure. They do not decide whether the will is valid or advise on contents.

The notary should not read the will beyond what is needed to attach the correct certificate.

Practical sequence

Gather the testator, two witnesses, ID for all, the will and the affidavit. Follow the attorney's script. Sign in the order the attorney sets. Do not staple or unstaple pages unless told to. Use black ink and do not use correction fluid.

Take photos only if the attorney allows it.

After the signing

The attorney or testator stores the original will in a safe place. The family should know where it is. If the will changes, a new signing may be needed. A notarized affidavit generally does not need to be redone unless the will is replaced.

MCC Solutions can provide the notary and witnesses for signings that attorneys schedule.

Mistakes that undermine the signing

One typical problem is a witness who signs the will but is unavailable when the affidavit is notarized. Everyone should be in the room for both steps. A second problem is a testator who signs the affidavit first and the will later, which reverses the usual order.

Another is witnesses who print their names but do not include addresses when the form asks for them. A third is a staple removed to copy a page and then replaced out of order. Ask the attorney how to handle copies without disturbing the original.

Finally, do not let anyone sign for the testator unless the attorney's procedure expressly calls for it. If the testator becomes tired during the process, stop and resume later with a fresh attorney-approved plan rather than pushing through.

Common questions

This guide is general information, not legal advice. Fees and procedures change; check with the office involved or an attorney for your situation.