Should I Have My Self-Proving Will Notarized?Īs discussed above, the answer to whether a self-proving will needs to be notarized or not will depend on the laws of the state in which a testator resides. If a testator is not sure whether or not their state will accept an affidavit along with their self-proving will, then it would be in their best interest to contact a local estate attorney for further advice. In either category of states, the will is considered sufficient without an affidavit as long as two witnesses watched the testator sign the will and both witnesses signed the will after the testator did. Other states do not allow the testator to attach an affidavit to their will at all. Some states, however, do not require the affidavit to be notarized. The affidavit will serve as legal sufficient proof on its own. This can make the probate process go much quicker and can help out the executor of the estate since there will be no need for them to locate the witnesses to appear in court. This in turn will negate the requirement of having the witnesses appear in court to testify that they watched the testator sign the will after the testator has died. In most states, the probate court will accept this affidavit as proof that the will is valid. The affidavit must be notarized (i.e., signed by and in front of a licensed notary) for it to be considered valid. For the purposes of a self-proving will, two witnesses must sign the affidavit, certifying that they were the parties who watched the testator sign the will instrument. An affidavit is a legal document that contains a written statement of oath. A “self-proving” will is basically a will that has an affidavit attached to it.
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