Updated April 12, 2022
A Maine self-proving affidavit form is a document attached to a last will and testament that functions as proof that the will was signed and witnessed by the testator (creator) and the involved witnesses. A self-proving affidavit performs virtually all the functions of an attestation clause but allows the will to be permitted to probate without requiring witnesses to appear in court. The individuals who have witnessed the testator sign the will are signing the affidavit under penalty of perjury, allowing the court to admit the will without debate. Each signature will be witnessed by a notary public, who then carries out the duty of completing the certificate of validation at the bottom of the affidavit.
Laws
- Statute – § 2-503
- Signing Requirements – Two (2) witnesses and a notary public.
How to Write
Step 1 – Download in Adobe PDF, MS Word (.docx), or OpenDocument.
Step 2 – The first section of the form must be completed by the Testator. The Testator must enter their name, the complete date, and their signature in the highlighted areas.
Step 3 – The Witnesses are to complete the second portion of the form. Their names must be provided on the first two (2) lines, signatures and printed names following that, and, lastly, the State and County in which the signing occurred.
Step 4 – The ‘Notary Acknowledgement’ section requires the Notary Public’s name, the names of the two (2) witnesses, and the complete date. The Notary will sign, seal, and provide their official capacity of officer at the bottom of the document. The Self-Proving Affidavit Form must be attached to the Will in question.
