Updated January 10, 2023
A New Jersey self-proving affidavit form is a form that proves the validity of a last will and testament to a probate court. This means that, after the testator (creator of will) dies, probate will deem the will valid without requiring the witnesses (individuals that observed the execution of the will) to appear in court to attest to the legitimacy of the document. This can speed up the probate process immensely so that the named beneficiaries of the will can claim the assets bequeathed unto them by the testator. Furthermore, a self-proving affidavit may make it harder for a beneficiary, or anyone else, to challenge the authenticity of the will and the instructions therein. To make a will “self-proved, the testator and the two (2) witnesses must appear before a notary public and sign the affidavit form; the notary public will complete the rest.
Laws
- Statute – § 3B:3-4
- 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 Testator is required to provide the following information into the fields highlighted in the image below:
- Name
- Date
- Signature
Step 3 – Both Witnesses must enter their Name and Signature into the appropriate fields, as well as provide the State and County in which the document is being signed.
Step 4 – The Notary Public shall complete the affidavit by entering the Names of the Testator, both Witnesses, the current Date, and their Signature, official capacity of officer, and official seal. Once the form has been filled out, it can be attached to the Testator’s Last Will and Testament.
