SELF-PROVING AFFIDAVIT INSTRUCTIONS
On the top, enter your state and county that you reside in.
In the first paragraph enter the name of the Testator. The Testator is the person who is either creating a Will (a/k/a Last Will and Testament) or a Codicil to a Will.
Paragraph 1- The Testator should enter the name of the instrument (the document) that is being executed. If it is a Will enter the name of the Will, typically it would be called “Last Will and Testament of Sharon Doe.” If the Instrument being created is a codicil, then enter “Codicil to My Will.”
The Testator should then sign this document in front of the Notary with the Witnesses.
Next in the paragraph that starts with: “Each of the undersigned”-enter the name and addresses of each of the witnesses. Remember to refer to your state’s specific requirements. Most states require two witnesses; however, it is a good idea to have three. Remember, the witnesses cannot be related to the Testator or be a beneficiary of the Will or the Codicil.
Paragraph 1: enter the name of the Testator, then enter the date that the Will or Codicil was executed.
Paragraph 2: enter the name of the instrument/document that this self-proving affidavit is being used for, i.e., Last Will and Testament or Codicil to my Will.
The witnesses then sign in front of the Notary.
The Notary then fills in the next section and notarizes the document.
Self-Proving Affidavit Signing Requirements:
Most states require two witnesses and a notary for a Self-Proving Affidavit.
Maryland, Ohio, Vermont and Washington D.C. do not allow for self-proving affidavits. If you live in any of these areas DO NOT attach a self-proving affidavit to your Will.
Mississippi, Connecticut, Oregon, Rhode Island, South Carolina, Tennessee and West Virginia require one (1) witness and a notary for a Self-Proving Affidavit.
In the following states, your Will or Codicil will be self-proved without a self-proving affidavit. This applies as long as your Will or Codicil are signed and witnessed correctly under that state's laws. Therefore, a self-proving affidavit is not needed. These states include: California, Illinois, Indiana and Nevada