Updated February 06, 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.
How to Write
Step 1 – Download in Adobe PDF, MS Word (.docx), OpenDocument.
Step 2 – Locate the two (2) entry fields below the title of the Affidavit. In the first space, enter the State where this certificate is being executed (California). In the second space, describe the location further by entering the County name.
Step 3 – Use the first space found in the main paragraph of the Affidavit to specify the Name of the Subscribing Witness. In the second space, enter “Last Will and Testament” to describe the document being authenticated.
Step 4 – Here, the Subscribing Witness must provide their Signature and enter the Date of execution. This information must be recorded on the two (2) fields highlighted with red in the image below. While not legally required, the Testator may also Sign and Date the Affidavit using the spaces to the right of “Individual’s Signature.” Note: If a Notary Public is certifying the Affidavit, ensure that all signatures are given in the Notary’s presence.
Step 5 – If the services of a Notary Public have been employed to certify the Self-Proving Affidavit, the Notary will need to fill out the acknowledgment section located towards the bottom of the page*. For the acknowledgment section, the Notary must enter the Date (Day, Month, Year) and the Name of the Subscribing Witness.
*Cross-out or delete the acknowledgment section if a Notary Public is not certifying the Self-Proving Affidavit.
Step 6 – The Notary can finish the acknowledgment by furnishing their Signature, Commission Expiration Date, Printed Name, and Notarial Seal.
