Updated January 09, 2023
An Illinois self-proving affidavit is an attachment for a last will and testament that proves the authenticity of the will to the probate court. Beneficiaries of the last will and testament will find the self-proving affidavit advantageous as it expedites the legal proceedings following the death of the testator (the creator of the will). Due to the application of a self-proving affidavit, the testator’s witnesses will not be required to appear in court to attest to the validity of the document thus hastening the probate process. The testator must sign the self-proving affidavit before two (2) witnesses. While not required by law, it is recommended that a notary public also be present when the affidavit is signed.
Laws
- Statute – § 755-5-6-4
- Signing Requirements– Two (2) witnesses.
How to Write
Step 1 – Download in Adobe PDF, MS Word (.docx), or OpenDocument.
Step 2 – Start by entering the State and County where the Affidavit is being executed.
Step 3 – In the space following “I / We,” enter the Names of the Testator and both Witnesses. In the next available space, enter the words “Last Will and Testament” to describe the title of the document.
Step 4 – Next, the Testator will need to provide their Signature in front of the two (2) Witnesses. After the Testator signs, both Witnesses must supply their Signatures. Each party must then specify the Date using the spaces available next to the signature fields.
Step 5 – To complete the “NOTARY ACKNOWLEDGMENT” area of the Affidavit, the Notary must enter the Date (Day, Month, Year) followed by the Names of the Testator and both Witnesses.
Step 6 – The Notary may then complete the Affidavit by providing their Signature, Commission Expiration Date, Printed Name, and Notarial Seal.
