What is a Self-Proving Affidavit?

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.

Comments

  1. Bob Geruso says:

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

    Thank you

  2. 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

  3. Douglas Naegele says:

    Does a will written by an attorney in Connecticut have validity in the state of Texas?

  4. If I leave everything to my husband do I need a executor as well?

    • Dear Laura,

      An Executor is a person who will be appointed to:

      1. inventory and collect the decedent’s assets;
      2. manage the assets during administration;
      3. receive and pay the claims of creditors and tax collectors; and
      4. distribute the remaining assets to the decedent’s beneficiaries.

      Your husband can be both the executor and beneficiary.

  5. Rajan Krishnan says:

    The witnesses have to see the person sign, right? They do not have to read the will or verify that the document being signed is indeed a will and testament, right?

    • The witnesses have to attest that they heard the testator say the document was his Last Will and Testament and that the testator signed the Will and wanted each of them to sign as witnesses. The witnesses do not have to read the Will.

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