Updated January 10, 2023
A Mississippi self-proving affidavit form is essentially written testimony from individuals who witness the signing of a last will and testament by its creator (testator). This testimony, in the form of a signed affidavit, claims that the witnesses were with the testator when he executed the will, and that he was of sound mind and under no external influence. In order for a self-proving affidavit to be valid, a notary public must witness all three (3) signatures on the document. A will must be proved valid by probate court after the testator has died before the distribution of the estate can commence. A self-proving affidavit will show the court that the will was executed in accordance with the law without requiring the witnesses to appear before the court.
Laws
- Statute – § 91-7-7
- Signing Requirements – Must be proved by at least one (1) of the subscribing witnesses and a notary public.
How to Write
Step 1 – Download in Adobe PDF, MS Word (.docx), or OpenDocument.
Step 2 – Enter the State and County in which the form is being executed.
Step 3 – Enter the names of the Testator and both Witnesses into the empty space in the first paragraph of the document. Provide the Name of Document into the second empty field as highlighted below. The Testator and both Witnesses must sign their Name and enter the current Date.
Step 4 – The Notary Public, having witnessed all three Signatures, must enter the following information into the Notary Acknowledgement section of the form:
- Current Date
- Names of Testator and Witnesses
- Commission expiration
- Signature
- Printed Name
- Official seal
Step 5 – Once all the fields have been completed, the self-proving affidavit can be attached to the testator’s last will and testament.