Updated January 11, 2023
A Virginia self-proving affidavit form is a legal instrument that may be attached to a last will and testament to make it self-proving and shorten probate. A self-proving will is a will that has been certified and acknowledged in advance of probate. The affidavit contains sworn statements attesting that the testator signed their will freely and without any coercion. The testator and the two (2) witnesses must sign the affidavit in the presence of a notary public who will, in turn, provide their certification. Once the affidavit has been signed and notarized, it will be admissible in court as sworn testimony on the part of the witnesses.
Laws
- Statute – § 64.2-452
- 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 – At the top of the page, the County in which the Affidavit is being executed must be entered in the appropriate field. In the paragraph below that, the Name of the Testator, the Name of the First Witness, and the Name of the Second Witness will need to be provided in the first three (3) blank spaces. Next to “first duly sworn,” the Name of the Testator must be written again.
Step 3 – Next, the Testator and Two (2) Witnesses must sign in the presence of a Notary Public on the appropriate lines. Both Witnesses(es) should also supply their Printed Names.
Step 4 – The Notary Acknowledgment must be completed by the Notary Public after they have witnessed the signatures of the Testator and Witnesses. The Notary will need to enter the Name of the Testator, the Name of the First Witness, the Name of the Second Witness, and the Date before providing their Notary Signature, Printed Name, Official Capacity, and Notary Seal to certify the Affidavit.
