Updated July 18, 2023
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 attests 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.
Laws
- Statute – SCP § 1406
- Signing Requirements – Two (2) witnesses (or more) and a notary public.