To fill out a self-proving affidavit, you complete three short sections — a sworn declaration from the testator, a matching declaration from the witnesses, and a notary block — then everyone signs together in front of a notary public who administers an oath and applies a seal. The form is usually a single page, and most states follow the Uniform Probate Code template closely enough that the fields are the same from one jurisdiction to the next. The District of Columbia, Maryland, Ohio, and Vermont do not recognize self-proving affidavits, so this process does not apply there.
What to Gather Before You Sign
Lining up the right people and documents in advance is what keeps the signing session short and clean.
- Two disinterested witnesses. These are adults who do not inherit anything under the will. Under the Uniform Probate Code a will signed by a beneficiary witness is still technically valid, but some states will void the gift to that witness unless additional disinterested witnesses also signed, so using witnesses with nothing to gain removes the risk.1Mass.gov. Massachusetts General Laws c190B Section 2-505
- A notary public with an active commission in the state where the signing takes place. Notary fees are set by state law and typically run from a few dollars to around $15 per notarial act.
- The exact title of the will and the date it was signed, so the affidavit identifies the correct document.
- The full legal name and current residential address of the testator and each witness.
- Government-issued photo ID for every signer. A driver’s license or passport works in every state; the notary will check it before administering the oath.
Filling In Each Block of the Form
Self-proving affidavit forms vary slightly by state, but the structure is consistent. Work through the sections in order.
Testator’s Declaration
In the first block, the testator declares under oath that the attached document is their will, that they signed it voluntarily, and that they are at least 18 years old and of sound mind. Fill in the testator’s printed name and the date, and leave the signature line blank until you are in front of the notary. Some versions of the form also include a statement that the testator was not acting under duress or outside pressure.2Justia. Hawaii Code 560:2-504 – Self-Proved Will
If someone else physically signed the will on the testator’s behalf, which some states allow when the testator cannot write, the declaration should reflect that the testator directed another person to sign.
Witnesses’ Declaration
The second block is for the two witnesses. Each witness declares that they watched the testator sign the will (or acknowledge an earlier signature), that the testator appeared to be of sound mind, and that no one seemed to be coercing the testator. The standard Uniform Probate Code form also includes a statement that each witness signed in the presence and hearing of the testator.3Utah Legislature. Utah Code 75-2-504 – Self-Proved Will Each witness prints their name, writes in their address, and signs in front of the notary.
Notary Block
You leave the bottom section alone. The notary fills in the state and county where the signing happens (called the venue), the date, their signature, their commission expiration date, and their official seal, embossed or inked. The notary completes this after watching everyone sign and administering the oath.
The Signing Session
Everyone has to be in the same room at the same time: testator, both witnesses, and the notary. A witness who signs later, or a notary who stamps a document they did not actually watch being signed, can destroy the affidavit’s validity.
A typical sequence looks like this:
- The testator signs first, while the witnesses and notary watch. If this is a simultaneous execution, the testator signs the will itself at this point as well.
- Each witness then signs the affidavit in the presence of the testator and the other witness.
- The notary places the testator and witnesses under oath, asking them to confirm that the statements in the affidavit are true. This verbal oath is what turns a signed page into a legally sworn affidavit.
- The notary signs, dates, and seals the notary block.
Some notaries administer the oath before the signing rather than after. Either order is acceptable as long as everyone stays present throughout the session and the notary personally witnesses every signature. Because the affidavit is a sworn statement, any signer who knowingly makes a false declaration faces perjury charges under state and federal law.4Office of the Law Revision Counsel. 18 USC 1621 – Perjury Generally
Attaching and Storing the Finished Affidavit
As soon as the notary finishes, physically attach the affidavit to the original will. A staple through the top-left corner is the standard approach; the goal is to make the two documents inseparable. A detached affidavit does not automatically invalidate the will, but it strips the will of its self-proving status, which pushes the probate court back to requiring witness testimony — the exact outcome the affidavit was meant to prevent.
Store the combined documents somewhere safe and accessible: a fireproof home safe, a bank safe deposit box, or your attorney’s office. Tell the executor where to find them. When the testator dies, the executor submits the original will with the attached affidavit to the probate court, and the court recognizes the will as self-proved without requiring any witness to appear.5Mass.gov. Massachusetts General Laws c190B Section 2-504 – Self-Proved Will
If the Will Was Already Signed Without One
You can add a self-proving affidavit to a will that was executed earlier. You do not re-sign the will. The testator and the original witnesses go before a notary together, acknowledge their earlier signatures, and sign a separate affidavit that gets attached to the existing will.6Justia. New Mexico Statutes Section 45-2-504 – Self-Proved Will The form language is slightly different from the simultaneous version because it refers back to the earlier execution. The constraint is that you need the same witnesses who signed the original will. You cannot substitute new ones.
What the Affidavit Does Not Do
A self-proving affidavit handles one narrow task: proving that the will was properly signed. It does not shield the will from challenges based on lack of mental capacity, undue influence, fraud, or forgery. The sworn statements about capacity and voluntary signing carry weight, and a challenger has to produce real evidence to overcome them, but the presumption is rebuttable. A will without a self-proving affidavit is still a valid will; the affidavit is a convenience, not a prerequisite.