Self Proving Will

A self-proving will is a will with an attached affidavit signed by a notary public stating that the will was properly signed and witnessed and that it is the will of the person who signed it. Many states allow such wills in order to avoid the difficulties of tracking down the witnesses. Having a self-proving will eliminates the need for witnesses to appear before the court in order to have the will admitted to probate.

If the will is self proved, compliance with the signature requirements for execution is conclusively presumed and other requirements of execution are presumed subject to rebuttal without the testimony of any witness unless there is proof of forgery affecting the acknowledgment or a sworn statement.

Category: Wills