Updated January 10, 2024
A West Virginia self-proving affidavit form is a document that may be completed by the testator of a last will and testament to shorten the probate process. On the affidavit form, the testator and one or more witnesses must sign sworn statements that are accepted in court as testimony. When an individual’s will goes to probate, it can take a long time to locate all of the witnesses to provide their testimony. Therefore, attaching a self-proving affidavit to the will speeds up this process by countermanding the witnesses’ required personal testimony. It should be noted that State law specifies that a witness may still be called upon to testify in court if the will is contested even if the will is self-proving.
Laws
- Statute – § 41-5-15
- 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 – This document must be signed and sworn in the presence of a registered Notary Public. The County in which the affidavit is being executed will need to be entered at the top of the page.
Step 3 – In the first paragraph of the form, the Name of the Testator and Subscribing Witness(es) must be entered into the first blank field. In the following field, the Title of the Instrument (Will) will need to be supplied.
Step 4 – The Testator will need to sign in the space marked “Individual’s Signature.” Below that, the Subscribing Witnesse(s) will be required to sign on the Witness Signature line(s). Each signatory must enter the date of the signing in the Date field next to their Signature.
Step 5 – The Notary Public will witness the Testator and Witness(es) signing the Affidavit before providing their Notary Acknowledgment. The Notary will need to enter the Day, Month, Year, and the names of the Testator and Witness(es) in the appropriate fields of the paragraph beneath the “Notary Acknowledgment” heading. To provide the proper certification, the Notary Public must supply their Commission Expiration Date, Notary Public Signature, Printed Name, and Notary Stamp.
Step 6 – Once completed, the Self-Proving Affidavit must be attached to the Testator’s Last Will and Testament.