Updated January 10, 2024
A Tennessee self-proving affidavit is a legal document that is used by the executors of a last will and testament to validate their signatures and is admissible in court as the sworn testimony of the witnesses. By signing the affidavit and attaching it to the will, witnesses can avoid having to appear in court in order to attest the will’s authenticity. All of the witnesses don’t have to subscribe to the affidavit; however, only the individuals who sign it will be exempt from being called to testify. This form must be signed and sworn in the presence of a notary public and, to be validated, the notarial officer must complete the notary acknowledgment section and affix their official notary stamp.
Laws
- Statute – § 32-2-110
- Signing Requirements – One (1) or more witnesses and a notary public.
How to Write
Step 1 – Download in PDF, MS Word or OpenDocument.
Step 2 – The County in which the affidavit is being executed must be entered at the top of the page.
Step 3 – Next, the Name(s) of the Individuals who are signing the affidavit and the Title of the Instrument must be entered in the first and second fields of the top paragraph, respectively.
Step 4 – Each of the individuals named in the top paragraph must sign on the appropriate line in the presence of a Notary Public. The Testator will sign on the “Individual’s Signature” line and the Witness(es) will need to sign on the lines below. The Date must also be written in the field next to each Signature.
Step 5 – The Notary Public who witnessed the signing of the Affidavit (as described above) will then notarize the document by completing the “Notary Acknowledgment” section found at the bottom of the form. They will need to provide the Date, the Name(s) of the Testator/Witness(es), their Commission Expiration Date, their Printed Name, their Notary Public Signature, and their Notary Stamp.
