Updated January 10, 2023
An Oregon self-proving affidavit form is a legal document that can be attached to a last will and testament to help speed up the probate process when the estate is distributed. On a self-proving affidavit, one (1) or two (2) impartial witnesses sign a sworn statement which states that the Will was signed freely and with sufficient mental capacity by the settlor (also known as the “testator”). To be considered an impartial witness, the individual cannot be listed as a beneficiary in the Will. By completing a self-proving affidavit, the witness(es) will not need to be called to probate court to testify when the settlor’s property is divided because the affidavit serves as evidence and is given equal consideration as testimony.
Laws
- Statute – § 113.055
- Signing Requirements – One (1) or more witnesses and a notary public.
How to Write
Step 1 – Download in Adobe PDF, MS Word (.docx) or OpenDocument.
Step 2 – On the affidavit, the following information will need to be provided in the appropriate spaces:
- the County in which the Will was made
- the Names of the Witnesses
- the Name of the Instrument (Will)
Step 3 – Next, the Affidavit should be brought before a notary public and signed in their presence. The Settlor (testator) must provide their signature and the date. The two (2) Witnesses will then have to provide their Signatures and the Date in the lines below.
Step 4 – Having witnessed, the acknowledgment of the Will and the signing of the affidavit, the notary public may then notarize the document by filling out the Notary Acknowledgment section, providing their Signature, Commission Expiration Date, and Seal.
Step 5 – The completed and notarized Self-Proving Affidavit Form should then be attached to the Settlor’s Last Will and Testament or a copy thereof.