Updated June 01, 2022
A Utah self-proving affidavit form is a sworn statement that is signed by the testator and the witnesses of a last will and testament to speed up the probate process when the testator’s estate is distributed. The two (2) witnesses should be impartial to the will and, therefore, cannot be named as beneficiaries. When the testator dies, the probate court may call the witnesses to testify. However, by attaching the self-proving affidavit to the will, the witnesses will not be required to present themselves in court. Instead, the affidavit will be accepted as testimony on behalf of the witnesses.
Laws
- Statute – § 75-2-504
- 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 – There are two (2) statements on the Affidavit and both attest that the Testator signed their Last Will willingly and without constraint or undue influence. The Testator must fill out the top paragraph of the form by supplying their Name and the Current Day, Month, and Year.
Step 3 – Next, the Testator will need to sign on the line beside “Testator’s Signature.” All signatures must be made in front of a Notary Public.
Step 4 – The Two (2) Witnesses must provide their names in the first two (2) fields of the second paragraph of the affidavit.
Step 5 – Below the second paragraph, the Witnesses must both provide their Signature and Printed Name in front of a Notary Public.
Step 6 – The Notary Public, upon witnessing the signing of the Affidavit, will need to complete the “Notary Acknowledgement” at the bottom of the page. They will need to write-in the County in which the document is executed, the Name of the Testator, the Name of the First Witness, the Name of the Second Witness, and the Date. The Notary must then certify the affidavit by supplying their Notary Signature, Printed Name, and Notary Seal.
