Updated January 10, 2023
A Minnesota self-proving affidavit form is a form attached to a last will and testament that allows the will to be automatically accepted as valid by a probate court. This form must be signed by the testator (creator of will), two (2) witnesses, and a notary public. The witnesses’ signatures prove that the testator signed on their own free will and while of sound mind. By signing a self-proving affidavit, the witnesses will not be required to appear before probate court to attest to the legitimacy of the will after the testator’s death. Because a self-proving affidavit helps a will move swiftly through probate, challenges regarding the will’s validity by any beneficiaries will most likely be denied.
Laws
- Statute – § 524.2-504
- Signing Requirements – Two (2) witnesses and a notary public.
How to Write
Step 1 – Download form in Adobe PDF, MS Word (.docx), or OpenDocument.
Step 2 – The following information must be entered into the fields as highlighted in the image below:
- Testator’s Name
- The current Date (day, month, year)
- Testator’s Signature
Step 3 – The Witnesses must print their Names in the empty fields within the text, as shown below, and Sign their Name beside the appropriate ‘Witness Signature’ field. The State and County in which the affidavit is executed must be provided on the lines below that.
Step 4 – A Notary Public, having witnessed the Testator’s and Witnesses’ Signatures, must enter each individual’s Name in the appropriate fields, and enter the current Date. They will then Sign their Name, enter their official capacity of officer, and apply their official seal.
