Updated June 01, 2022
A Vermont self-proving affidavit form is a supplemental document that may be attached to a last will and testament to shorten the length of probate and further validate the will. Before their property can be distributed when the testator of a will dies, the will goes to probate court where the witnesses of the will may be required to testify. Often, the process of locating the witnesses and scheduling their testimony can be time-consuming. Therefore, having the witnesses sign a sworn affidavit allows the beneficiaries to bypass this step because the affidavit is accepted in court as the witnesses’ sworn testimony. The testator and the two (2) witnesses must all sign the document in front of a notary public.
Laws
- Statute – § 14-3-108
- 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 – The name of the County in which the Affidavit is being executed must be written at the top of the page.
Step 3 – The Names of the Testator and Witnesses subscribing to this affidavit and the Title of the Instrument that it is being attached to (the Will) must be entered into the first and second fields of the first paragraph.
Step 4 – All three (3) parties must sign and date the form on the appropriate line. The Testator must sign where it says “Individual’s Signature” and the two (2) Witnesses must sign on the “Witness Signature” lines.
Step 5 – After witnessing the three (3) signatures, the Notary Public must complete the Notary Acknowledgment by providing the Day, Month, Year, the Name of the Testator and Two (2) Witnesses, Notary Public Signature, Printed Name, Commission Expiration Date, and Notary Seal (not required by the State).
