New York Self-Proving Affidavit Form

A New York self-proving affidavit form is a legal document that can be used as an alternative to a witness providing live testimony in a probate proceeding involving a last will and testament. A testator’s will must go through probate court in order to be deemed valid and authentic, and in most cases this means all witnesses to the execution of the instrument will be asked to appear in court after the testator’s death. The court will ask that each witness attest to the legitimacy of the document and to the mental state of the testator upon execution of the instrument. A self-proving affidavit shows the court that the witnesses affirmed these requirements after the creation of the will, and will not require their presence in court. For a will to be “self-proved,” the testator and at least one (1) witness must sign the affidavit form in front of a notary public, who will in turn sign and seal the document.

Last Will and Testament – A document that contains a person’s wishes regarding the outcome of their estate after they die.

LawsSCP § 1406 

Signing Requirements – 1 Witness (or more) and a Notary Public

How to Write

Step 1 – Download the New York Self-Proving Affidavit in Adobe PDF, Microsoft Word (.docx), or Open Document Text (.odt).

Step 2 – Enter the State and County into the appropriate fields.

Step 3 – The following information must be provided into the empty spaces highlighted in the image below:

  • Testator Name + Witness Name(s)
  • Name of document
  • Testator’s Signature + Date
  • Witness #1 Signature + Date
  • Witness #2 Signature + Date (if applicable)

Step 4 – After having observed the above-mentioned parties inscribe their Signatures, the Notary Public must complete the final section of the form with the following information:

  • Date
  • Names of all signing parties
  • Notary Signature
  • Notary Printed Name
  • Commission expiration
  • Seal

Step 5 – Attach the self-proving affidavit to the Testator’s Last Will and Testament.


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