What is a Self-Proving Affidavit?

by Rania Combs on April 26, 2010

A self-proving affidavit is a document that accompanies a Will. In the case of an attested Will, it is signed by the testator and those who witnessed the testator sign his Will.

The self-proving affidavit affirms that that the Will was properly signed by the testator in the presence of two witnesses, who observed the testator sign his Will and heard him say that it was his Last Will and Testament.

The benefit of a self-proving affidavit is that it eliminates the need for witnesses to appear in a probate proceeding to testify about the validity of a Will, which saves time and expense.

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{ 4 comments… read them below or add one }

Bob Geruso June 14, 2014 at 5:46 pm

Since a holographic will has no witnesses, can (or is it necessary) a self-proving affidavit still be utilized?

Thank you

Reply

Rania Combs June 24, 2014 at 3:28 pm

Yes. A self-proving affidavit can be utilized for a holographic Will.

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Gsween July 29, 2014 at 3:24 pm

In Texas, does a typed last will and testament still need 2 witness signitures if the document has been notarized without the 2 witness signatures?

Thanks

Reply

Rania Combs July 29, 2014 at 4:14 pm

Yes. To be valid, a typewritten Will must be signed by the testator, or another person at his direction and in his presence, and attested in his presence by at least two credible witnesses over the age of 14. Just being notarized is insufficient. For more information read: The Requirements of a Valid Will in Texas.

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