Updated January 09, 2023
An Indiana self-proving affidavit is a legal tool that allows the creator of a will (the testator) to prove the validity of their last will and testament to court officials. In most states, a self-proving affidavit would be attached to the testator’s will and, following the testator’s death, both items would be presented to the probate court. However, Indiana law permits the incorporation of a self-proving clause in the will itself. In these cases, the testator would simply include in their will the language outlined in § 29-1-5-3.1 of the Indiana probate code. If the testator has reason to attach a separate self-proving affidavit (e.g., their last will and testament was executed without a self-proving clause), they may complete the affidavit available on this webpage and attach it to their will. Two (2) witnesses must be present at the time the testator signs the affidavit. It is recommended for a notary public also to be present when the document is executed to further authenticate the will.
Laws
- Statute – § 29-1-5-3.1
- Signing Requirements– Two (2) witnesses.
How to Write
Step 1 – Download in Adobe PDF, MS Word (.docx), or OpenDocument.
Step 2 – In the first three (3) empty spaces of the Affidavit, enter the Name of the Testator followed by the Names of the two (2) Witnesses.
Step 3 – The Testator must supply their Signature above the first signature field. Note that the Witnesses and Notary Public (if applicable) must be present when the Testator signs. After the Testator has given their Signature, the two (2) Witnesses must sign using the remaining signature fields. The Date must then be entered in the appropriate space.
Step 4 – If the services of a Notary Public have been employed to acknowledge the Affidavit, the Notary may proceed with the acknowledgment by filling in the remaining fields found below the “NOTARY ACKNOWLEDGMENT” heading. In the first three (3) fields, the Notary must enter the Name of the Testator and the Names of both Witnesses. The Notary must then specify the Date by entering the Day, Month, and Year.
Step 5 – The Notary can complete the acknowledgment by supplying the Signature, Commission Expiration Date, and Notarial Seal.
