Delaware Self-Proving Affidavit Form

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The Delaware self-proving affidavit is a written statement that can be incorporated in or attached to a last will and testament to prove that the will is legal and accurate. Completion of the affidavit ensures the testator (creator of will) that the probate court will accept their last will and testament without question. Consequently, the testator’s witnesses will have no obligation to appear in court after the testator’s death to affirm the validity of the will. The affidavit may be executed by a testator simultaneously with their will or at a subsequent date during their lifetime. When completing the document, the testator and two (2) witnesses must appear before a notary public and provide their signatures in the applicable areas to validate the accuracy of the statements made in the last will and testament.

Last Will and Testament – Provides an individual with the ability to define how their assets shall be dealt with following their death.

Laws – § 12-13-1305

Signing Requirements – Two (2) Witnesses and a Notary Public

How to Write

Step 1 – Download in Adobe PDF, Microsoft Word (.docx), or Open Document Text (.odt).

Step 2 – The Testator must enter the name of the County in the first available field.

Step 3 – In the next three (3) fields, the Testator must enter their Name, the Name of the first Witness, and the Name of the second Witness. In the remaining area, the Testator must enter their Name once again.

Step 4 – There are three (3) signature lines found below the body paragraph. The Testator will need to provide their Signature in the first signature field. After the Testator has Signed, the two (2) Witnesses must Sign in the two (2) remaining signature fields.

Step 5 – The Notary Public must fill out the acknowledgment portion of the Affidavit by entering the Name of the Testator, Name of the first Witness, and Name of the second Witness. Next, the Notary must specify the Date by entering the Day, Month, and Year.

Step 6 – The remaining two (2) fields on the Affidavit will be used to specify the Notary’s information. The Notary must provide their Signature in the first field and enter their Official Title (Official Capacity of Officer) in the second field. The Notary will then complete the Affidavit by stamping their Seal.


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