Updated July 18, 2023
A California self-proving affidavit is a document that can be presented to the probate court to affirm that a deceased person’s last will and testament is true. Implementation of the affidavit effectively reduces the time required for the probate process by eliminating the need for witness testimonials in court.
The testator (the person who created the will) must either attach the affidavit to a copy of the will or incorporate the document as a clause in the original will. One (1) witness will be required to sign the affidavit. It is standard practice for the witness to sign the affidavit in the presence of a notarial official; however, this is not legally mandatory in California.
Laws
- Statute – § 8220
- Signing Requirements – One (1) Witness.