Main Purpose
A self-proving affidavit’s main purpose is to confirm a last will was signed in accordance with state law. This is in case a third party questions the validity of the last will.
By State
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana*
- Maine
- Maryland*
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio*
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- Washington D.C.*
- West Virginia
- Wisconsin
- Wyoming
*Not permitted under state law.
Is a Will Valid Without a Self-Proving Affidavit?
Yes — a will is considered valid as long as it is created in accordance with state laws and signed in the presence of two witnesses who are not a part of the will.While a self-proving affidavit is not required by law, it is highly recommended to expedite the probate process.
How to Make a Self-Proving Affidavit (3 steps)
2. Meet with a Notary Public
The testator will need to make arrangements to make a time with a notary public with the witnesses.
It’s recommended to use any of the following:
- Testator’s estate attorney (who should receive a copy anyway);
- Bank representative (Bank of America charges a small fee); or
- Any licensed notary (perform a lookup on the American Assoc. of Notaries).
Signing Requirements
| Signing Requirements | Statutes | |
|---|---|---|
| Alabama | Two witnesses and a notary public. | § 43-8-132 |
| Alaska | Two witnesses and a notary public | § 13.12.504 |
| Arizona | Two witnesses and a notary public | § 14-2504 |
| Arkansas | Two witnesses and a notary public | |
| California | One witness | § 8220 |
| Colorado | Two witnesses and a notary public | § 15-11-504 |
| Connecticut | One or more witnesses and a notary public | § 45a-285 |
| Delaware | Two witnesses and a notary public | § 12-13-1305 |
| Florida | Two witnesses and a notary public | § 732.503 |
| Georgia | Two witnesses and a notary public | § 53-4-24 |
| Hawaii | Two witnesses and a notary public | § 560:2-504 |
| Idaho | Two witnesses and a notary public | § 15-2-504 |
| Illinois | Two witnesses | § 755-5-6-4 |
| Indiana | Separate affidavit not required. | § 29-1-5-3.1 |
| Iowa | Two witnesses and a notary public | § 633.279(2) |
| Kansas | Two witnesses and a notary public | § 59-606 |
| Kentucky | Two witnesses and a notary public | § 394.225 |
| Louisiana | Not permitted. | No statute. |
| Maine | Two witnesses and a notary public | § 2-503 |
| Maryland | Not permitted. | No statute. |
| Massachusetts | Two witnesses and a notary public | § 2-504 |
| Michigan | Two witnesses and a notary public | § 700.2504 |
| Minnesota | Two witnesses and a notary public | § 524.2-504 |
| Mississippi | At least one witness and a notary public | § 91-7-7 |
| Missouri | Two witnesses and a notary public | § 474.337 |
| Montana | Two witnesses and a notary public | § 72-2-524 |
| Nebraska | Two witnesses and a notary public | § 30-2329 |
| Nevada | Two witnesses and a notary public | § 133-050 and § 133-055 |
| New Hampshire | Separate affidavit not required. | § 551-2-a |
| New Jersey | Two witnesses and a notary public | § 3B:3-4 |
| New Mexico | Two witnesses and a notary public | § 45-2-504 |
| New York | Two or more witnesses and a notary public | § 1406 |
| North Carolina | Two witnesses and a notary public | § 31-11.6 |
| North Dakota | Two witnesses and a notary public | § 30.1-08-04 |
| Ohio | Not permitted. | No statute. |
| Oklahoma | Two witnesses and a notary public | § 84-55(5) |
| Oregon | One or more witnesses and a notary public | § 113.055 |
| Pennsylvania | Two witnesses and a notary public | § 3132.1 |
| Rhode Island | One or more witnesses and a notary public | § 33-7-26 |
| South Carolina | One or more witnesses and a notary public | § 62-2-503 |
| South Dakota | Two witnesses and a notary public | § 29A-2-504 |
| Tennessee | One or more witnesses and a notary public | § 32-2-110 |
| Texas | Two witnesses and a notary public | § 251-104 |
| Utah | Two witnesses and a notary public | § 75-2-504 |
| Vermont | Two witnesses and a notary public | § 14-3-108 |
| Virginia | Two witnesses and a notary public | § 64.2-452 |
| Washington | Two or more witnesses and a notary public | § 11.20.020 |
| West Virginia | One or more witnesses and a notary public | § 41-5-15 |
| Wisconsin | Two witnesses and a notary public | § 853-04 |
| Wyoming | Two witnesses and a notary public | § 2-6-114 |