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A self-proving affidavit form is a sworn statement attached to a will. Who signs it, and before what officer, differs from place to place; our table below lists each rule. Download FormsPal's free template as a PDF or Word file, or fill it out online.
A self-proving affidavit is a sworn statement in which the testator acknowledges the will and the witnesses swear to how it was signed, so the will can be admitted to probate without their testimony (Ky. Rev. Stat. § 394.225(4)).
The affidavit is a separate page that sits behind the signature page of the last will and testament or a codicil. It does not change who gets what. It only records, under oath, how the will was signed.
The person who makes the will is the testator. The people who watched the testator sign are the attesting witnesses. The officer who gives the oath, often a notary public, signs a certificate at the end of the form and adds a seal (Alaska Stat. § 13.12.504(a)).
The statutes in our verified state data use three ideas again and again:
Vermont shows how short the core rule can be: a will may be self-proved by the sworn acknowledgment of the testator and the witnesses, made before a notary public or other official authorized to administer oaths in the place of execution (14 V.S.A. § 108).
An attestation clause is a short paragraph inside the will that the witnesses sign, while a self-proving affidavit is a sworn statement made before an officer and attached to the will (Md. Code, Est. & Trusts § 4-102).
The two often appear together, and they are not the same thing. The attestation clause says that the witnesses saw the testator sign. It is not given under oath. The affidavit repeats those facts under oath, and the officer's certificate backs them up.
Some states blur the line between the two:
So in those states, the wording can sit inside the will itself rather than on a separate page. FormsPal's template is the separate-page kind, made to be attached behind the will.
A self-proving affidavit for a will has three parts: the testator's declaration, the witnesses' sworn statement, and the officer's certificate, as in the statutory form in Fla. Stat. § 732.503(1).
The Florida form opens with the place of signing, then gives each signer a line. In the witnesses' part, they declare on oath that the testator declared the instrument to be the testator's will and signed it in their presence, and that each of them signed as a witness in the presence of the testator and of each other (Fla. Stat. § 732.503(1)).
Here is how the first two parts read once filled in. The names and places are made up.
Example only, names invented:
STATE OF FLORIDA, COUNTY OF LEON
I, Jane Sample, declare to the officer taking my acknowledgment of this instrument, and to the subscribing witnesses, that I signed this instrument as my will.
We, Paul Example and Rita Example, have been sworn by the officer signing below, and declare to that officer on our oaths that the testator declared the instrument to be the testator's will and signed it in our presence and that we each signed the instrument as a witness in the presence of the testator and of each other.
The officer's part follows. In Florida it records whether each signer appeared by physical presence or online notarization and how each one was identified (Fla. Stat. § 732.503(1)).
Other states phrase the testator's part differently. Many forms in our data have the testator state that "I execute it as my free and voluntary act for the purposes therein expressed" (Minn. Stat. § 524.2-504). Maryland's form has the witnesses state that the testator was at least 18 years old, of sound mind, and under no constraint or undue influence (Md. Code, Est. & Trusts § 4-102). Use the wording for the state where you sign.
A self-proved will can be admitted to probate without the testimony of any subscribing witness, but otherwise it is treated no differently from a will that is not self-proved (Ky. Rev. Stat. § 394.225(4)).
The statutes word the effect in different ways:
The affidavit proves how the will was signed. It does not settle every other question about the will. The Kansas and Oklahoma rules both apply only when the will is not contested (Kan. Stat. Ann. § 59-606; Okla. Stat. tit. 84, § 55(7)).
In some states, the affidavit can also rescue a will that was signed in the wrong spot. A signature affixed to a self-proving affidavit attached to a will is considered a signature affixed to the will, if necessary to prove the will's due execution (Alaska Stat. § 13.12.504(c)). The same rule, with the same condition, appears in:
Nevada applies it only when the affidavit or declaration is executed at the same time as the will (Nev. Rev. Stat. § 133.055).
The table below gives, for every state where our verified data holds a self-proving rule, who swears to the affidavit, before whom, when, and the statute behind it.
"With the will" means the affidavit can be signed at the same sitting as the will. "After" means it can be added at a later date. Where a statute adds a condition, the row states it.
A table cannot replace advice for your situation. Confirm the current rules with a notary or an attorney before you sign.
| State | Rule in the statute | Statute |
|---|---|---|
| Alabama | A self-proved will is probated without further proof, unless there is proof of fraud or forgery | Ala. Code § 43-8-132(c) |
| Alaska | With the will or after; testator's acknowledgment and witnesses' affidavits before an officer authorized to administer oaths, certificate under official seal | Alaska Stat. § 13.12.504 |
| Arizona | With the will or any time after; officer's certificate under official seal | Ariz. Rev. Stat. § 14-2504 |
| Arkansas | Any attesting witness may sign an affidavit before an officer authorized to administer oaths in Arkansas or any other state | Ark. Code Ann. § 28-25-106 |
| California | Proof by an affidavit in the original will that includes or incorporates the attestation clause | Cal. Prob. Code § 8220 |
| Colorado | A will self-proved under section 15-11-504 needs no attesting witness testimony, unless there is evidence of fraud or forgery | Colo. Rev. Stat. § 15-12-406(1)(a) |
| Connecticut | Witnesses sign at the testator's request or, after death, at the request of the executor or an interested person; before an officer authorized to administer oaths in or out of the state | Conn. Gen. Stat. § 45a-285 |
| Delaware | With the will or at any later date; officer authorized to administer oaths under Delaware law, certificate under official seal | 12 Del. C. § 1305 |
| District of Columbia | Electronic wills only; with the will, before an officer authorized to administer oaths | D.C. Code § 18-908 |
| Florida | With the will or at any later date; before an officer authorized to administer oaths | Fla. Stat. § 732.503 |
| Georgia | With the will or at any later date during the lifetime of the testator and the witnesses; before a notary public | O.C.G.A. § 53-4-24(a) |
| Hawaii | With the will or any time after; officer's certificate under official seal | Haw. Rev. Stat. § 560:2-504 |
| Idaho | With the will or after; officer authorized to administer oaths where the will is signed | Idaho Code § 15-2-504 |
| Illinois | Witness affidavit signed at or after the time of attestation | 755 ILCS 5/6-4 |
| Indiana | Self-proving clause incorporated into or attached to the will; signatures may be made under the penalties for perjury | Ind. Code § 29-1-5-3.1 |
| Iowa | With the will or at any later date; before a person authorized to administer oaths and take acknowledgments in Iowa | Iowa Code § 633.279(2)(a) |
| Kansas | With the will or at any later date during the lifetimes of the testator and the witnesses; officer authorized to take acknowledgments to deeds and to administer oaths | Kan. Stat. Ann. § 59-606 |
| Kentucky | With the will or after; officer authorized to administer oaths under Kentucky law | Ky. Rev. Stat. § 394.225 |
| Louisiana | A notarial testament signed on each separate page at execution, with the declaration, needs no further proof; the declaration may also be an affidavit executed after the testament | La. Code Civ. Proc. art. 2887 |
| Maine | With the will or any time after; officer authorized under the law of the state where the will is signed | Me. Rev. Stat. tit. 18-C, § 2-503 |
| Maryland | With the will; testator's acknowledgment and witnesses' affidavits before a notary public, under seal, attached or annexed to the will | Md. Code, Est. & Trusts § 4-102 |
| Massachusetts | With the will, before an officer authorized to administer oaths under the laws of the state where execution occurs (§ 2-504(a)); or any time after, before an officer authorized under the laws of the state where the acknowledgment occurs (§ 2-504(b)) | Mass. Gen. Laws ch. 190B, § 2-504(a), (b) |
| Michigan | With the will or any time after; 2 witnesses' sworn statements before an officer, or a written statement that is not a sworn statement | Mich. Comp. Laws § 700.2504 |
| Minnesota | With the will or any time after; officer authorized where the will is signed | Minn. Stat. § 524.2-504 |
| Mississippi | Affidavits of subscribing witnesses, annexed to or part of the will, stating each witness's address; may be signed when the will is executed | Miss. Code Ann. § 91-7-7 |
| Missouri | With the will or at any later date; signers first duly sworn | Mo. Rev. Stat. § 474.337 |
| Montana | With the will or any time after; officer's certificate under official seal | Mont. Code Ann. § 72-2-524 |
| Nebraska | With the will or any time after; officer's certificate under official seal | Neb. Rev. Stat. § 30-2329 |
| Nevada | Any attesting witness may sign a declaration under penalty of perjury or an affidavit before a person authorized to administer oaths | Nev. Rev. Stat. § 133.050 |
| New Hampshire | Wills meeting RSA 551-A qualify; sworn acknowledgment before a notary public, justice of the peace or other official authorized to administer oaths | N.H. Rev. Stat. § 551:2-a |
| New Jersey | With the will, for wills executed on or after September 1, 1978 (N.J.S.A. 3B:3-4), or at any time after its execution (N.J.S.A. 3B:3-5); before an officer authorized under R.S.46:14-6.1 | N.J.S.A. 3B:3-4; N.J.S.A. 3B:3-5 |
| New Mexico | A signature on the attached affidavit counts as a signature on the will, if necessary to prove due execution | N.M. Stat. Ann. § 45-2-504 |
| New York | Attesting witnesses at the testator's request or, after death, at the request of the executor, the proponent or an interested person; before an officer authorized to administer oaths | N.Y. SCPA 1406 |
| North Dakota | Wills executed with attesting witnesses: with the will, before an officer authorized to administer oaths under the laws of the state where execution occurs (§ 30.1-08-04(1)); or any time after, before an officer authorized under the laws of the state where the acknowledgment occurs (§ 30.1-08-04(2)) | N.D. Cent. Code § 30.1-08-04(1), (2) |
| Oklahoma | Every will other than a holographic or nuncupative will; with the will or at any later date during the lifetimes of the testator and the witnesses | Okla. Stat. tit. 84, § 55 |
| Pennsylvania | With the will or at any later date; officer's certificate under official seal, attached or annexed to the will | 20 Pa. Cons. Stat. § 3132.1 |
| Rhode Island | One or more subscribing witnesses, at any time after execution, before or after the testator's death; officer authorized in or out of the state | R.I. Gen. Laws § 33-7-26 |
| South Carolina | With the will or any time after; officer's certificate under official seal | S.C. Code Ann. § 62-2-503 |
| South Dakota | With the will or after; officer's certificate under official seal | S.D. Codified Laws § 29A-2-504 |
| Texas | Only on execution of the optional self-proving affidavit, since the will itself requires no notarization: the testator and the attesting witnesses make the affidavit before an officer authorized to administer oaths, with the will or after it | Tex. Est. Code § 251.104(b); Tex. Est. Code § 251.104(e) |
| Utah | With the will or any time after; officer's certificate under official seal | Utah Code § 75-2-504 |
| Vermont | Sworn acknowledgment of the testator and witnesses before a notary public or other official authorized to administer oaths in the place of execution | 14 V.S.A. § 108 |
| Virginia | With the will or at any later date; officer authorized to administer oaths | Va. Code § 64.2-452 |
| Washington | Attesting witnesses at the testator's request or, after death, at the request of the executor or an interested person; any person authorized to administer oaths | Wash. Rev. Code § 11.20.020(2) |
| West Virginia | Any or all attesting witnesses, at the testator's request, make an affidavit before any officer authorized to administer oaths, in or out of the state | W. Va. Code § 41-5-15 |
| Wisconsin | With the will or any time after; officer authorized to administer oaths where the will is signed | Wis. Stat. § 853.04 |
| Wyoming | With the will or at any later date; officer authorized where the will is signed | Wyo. Stat. Ann. § 2-6-114 |
Our verified data holds no self-proving entry yet for North Carolina, Ohio, Oregon or Tennessee, so the table leaves them out. Check those states' rules before you sign.
Texas readers often look for the statute's own wording. The Texas rule sits in Tex. Est. Code § 251.104. New York's witness affidavit rule is N.Y. SCPA 1406.
Who signs depends on your state: in Texas, the testator, the attesting witnesses and an officer authorized to administer oaths meet, and each signs under oath (Tex. Est. Code § 251.104(b)).
South Carolina needs the testator's acknowledgment and the affidavit of at least one witness, each made before an officer authorized to administer oaths (S.C. Code Ann. § 62-2-503(a)).
In Arkansas, Connecticut, New York, Rhode Island, Washington and West Virginia, the attesting witnesses alone make the affidavit, without the testator signing it (Ark. Code Ann. § 28-25-106; Conn. Gen. Stat. § 45a-285; N.Y. SCPA 1406; R.I. Gen. Laws § 33-7-26(2); Wash. Rev. Code § 11.20.020(2); W. Va. Code § 41-5-15).
Plan the sitting in five steps.
Gather the witnesses
Ask the people who witnessed the will to sign the affidavit (Fla. Stat. § 732.503(1)). If the will is not signed yet, the same people can witness the will and then sign the affidavit at the same sitting, where your state allows both at once (Fla. Stat. § 732.503(1)).
In Arizona, for a will executed on or after October 1, 2019, a devisee or a person related by blood, marriage or adoption to a devisee may act as a witness only when the will is made self-proved under section 14-2504 or 14-2519 (Ariz. Rev. Stat. § 14-2505(B)).
Schedule a meeting with a notary public or other officer
Book a notary public or another officer authorized to administer oaths, unless your state accepts an unsworn statement, as Indiana, Michigan and Nevada do (Ind. Code § 29-1-5-3.1(c); Mich. Comp. Laws § 700.2504(5); Nev. Rev. Stat. § 133.050). Confirm that everyone can attend. Georgia names a notary public for this step (O.C.G.A. § 53-4-24(a)). If the will is already signed, bring the original.
Note that notary public and attorney are not the same thing.
Download a self-proving affidavit form
Download FormsPal's free template as a PDF or Word file, or build it online. Compare its wording with the form for your state in the table above, and adjust it where your state's form asks for more.
Fill in the form
Fill in the names and places, and leave the signature lines blank until the officer is present. Check the spelling of every name against each person's ID.
The template asks for:
Sign the form before the officer
The testator and the witnesses sign in front of the officer, who then completes a certificate under official seal (Alaska Stat. § 13.12.504(a)). Attach the signed affidavit to the will. Maryland's statute has the certificate attached or annexed to the will (Md. Code, Est. & Trusts § 4-102).
Fill out the self-proving affidavit template in five parts: identify the will, describe the testator, record the date and place, collect the witnesses' signatures, and leave room for the officer.
Check the requirements for your state first, since some statutes have everyone sign before the officer at the same sitting (Tex. Est. Code § 251.104(b)).
Before you start, have these ready:
Step 1: Identification of the will
The first paragraph identifies the will and confirms that the testator asked the witnesses to be present. Enter:
1: The name of the testator
2: The number of pages in the testator's will
3: The pronoun used to refer to the testator
4: The name of the testator, again
5, 6: The testator's pronoun, again
Step 2: Statements about the testator
The second paragraph says that the testator signed willingly and appeared to be of sound mind and of legal age. Many statutory forms ask for the same points; Wisconsin's has the witnesses state that the testator appeared to be 18 years of age or older and acting freely and voluntarily (Wis. Stat. § 853.04). Enter:
1: The name of the testator
2: The testator's pronoun
Step 3: Date and place of execution and witnesses' oath
The third paragraph is the oath that the statements are true. Enter:
1: Date of the affidavit execution
2: Place where the affidavit is executed
3: The state which governs the affidavit
Step 4: Signatures of witnesses
Each witness adds:
1: The name of each of the witnesses
2: The signatures of the witnesses
3: The place of each witness's residence
Every witness who was involved by the testator should sign the document. Mississippi's affidavits, for example, state the address of each subscribing witness (Miss. Code Ann. § 91-7-7).
Step 5: Notary acknowledgment
The officer completes the last block: the certificate, signature and official seal (Alaska Stat. § 13.12.504(a)). If your state's form calls for a separate notary acknowledgment, attach it to the affidavit.
No, a will without one is still a will: Kentucky treats a self-proved will no differently from a will that is not self-proved, apart from proof of its signing (Ky. Rev. Stat. § 394.225(4)).
In most states, yes: the testator and the witnesses swear to it before an officer authorized to administer oaths, often a notary, as in Texas on execution of the optional affidavit, where the will itself requires no notarization (Tex. Est. Code § 251.104(b)). Michigan instead accepts a written statement that is not a sworn statement (Mich. Comp. Laws § 700.2504(5)). Indiana's self-proving clause may be signed under the penalties for perjury (Ind. Code § 29-1-5-3.1(c)). Nevada and Oklahoma accept a declaration signed under penalty of perjury (Nev. Rev. Stat. § 133.050; Okla. Stat. tit. 84, § 55).
Yes in many states: an attested will may be made self-proved at any time after its execution in Massachusetts (Mass. Gen. Laws ch. 190B, § 2-504(b)). Georgia, Kansas and Oklahoma limit this to the lifetime of the testator and the witnesses (O.C.G.A. § 53-4-24(a); Kan. Stat. Ann. § 59-606; Okla. Stat. tit. 84, § 55).
In some states it does, but only if needed to prove the will's due execution (Utah Code § 75-2-504(3)). Sign the will itself as well.
Yes: in Oklahoma a self-proved will is admitted without witness testimony unless contested (Okla. Stat. tit. 84, § 55(7)). In Colorado the effect falls away when there is evidence of fraud or forgery affecting the acknowledgment or affidavit (Colo. Rev. Stat. § 15-12-406(1)(a)).
Yes, in Florida a will or codicil executed in conformity with s. 732.502 may be made self-proved (Fla. Stat. § 732.503). Michigan's statute gives a separate form for a codicil (Mich. Comp. Laws § 700.2504).
An attesting witness to the will makes it: in Arkansas, any attesting witness to a will may sign an affidavit before an officer authorized to administer oaths (Ark. Code Ann. § 28-25-106). In Rhode Island one or more of the subscribing witnesses may make it (R.I. Gen. Laws § 33-7-26(2)).
General information, not legal or tax advice.
