A self-proving will affidavit is a sworn statement attached to your will that tells the probate court your will was signed correctly. It is signed by you (the person making the will) and your witnesses, all in front of a notary public. Without one, the court may need to track down your witnesses after you pass away to confirm the will is real.
With one, the court can accept the will without that extra step. In most cases, adding this affidavit takes just a few minutes and can save your family weeks of delay.
When and Why You Need a Self-Proving Will Affidavit
Think about what happens after you’re gone. Someone files your will with the probate court. The court needs proof that you actually signed it and that your witnesses were present. Typically, this means calling witnesses into court or having them sign sworn statements. However, if a self-proving will affidavit is already attached, the court can skip that step entirely.
This matters more than people realize. Witnesses move away. They get older. Sometimes they pass away before you do. If the court can’t find your witnesses, proving your will becomes harder and more expensive. A self-proving will affidavit removes that risk. For example, in Texas under Estates Code § 251.104, a will with this affidavit can be admitted to probate without any witness testimony at all.
You don’t technically need a self-proving will affidavit for your will to be valid. Your will still works without one. However, adding it is one of the simplest things you can do to make probate easier for your family. It costs nothing beyond a notary fee — typically $5 to $15 per signature in most states.
What a Self-Proving Will Affidavit Must Include
Every self-proving will affidavit follows the same basic structure. It must identify the person making the will (the testator). It must state that the testator signed the will voluntarily, was of sound mind, and was not under pressure from anyone. It must include sworn statements from both witnesses confirming they watched the testator sign. And it must be notarized — a notary public or other authorized officer must administer the oath and stamp the document.
Most states follow the language from the Uniform Probate Code Section 2-504, which provides a standard affidavit form. However, some states have their own required language. As a result, you should always check your state’s probate code before using any template.
Requirements vary by state. Here are specific examples:
| State | Statute | Witnesses Required | Can Be Added Later? | Key Detail |
|---|---|---|---|---|
| Texas | Estates Code § 251.104 | 2 | Yes | Affidavit must be attached or annexed to the will |
| Florida | Statutes § 732.503 | 2 | Yes | Can be signed “at any subsequent date” after execution |
| New York | SCPA § 1406 | 2 | Yes | Notary acknowledges witnesses’ signatures specifically |
| Virginia | Code § 64.2-452 | 2 | Yes | Testator and witnesses all appear before the notary |
| Ohio | No statute | N/A | N/A | Does not recognize self-proving affidavits |
Sample Self-Proving Will Affidavit Template
Below is a sample self-proving will affidavit you can adapt. Many states accept language based on UPC § 2-504, but your state may require specific wording. Check your state’s probate code or ask a licensed attorney before using any form.
Sample template — adapt to your state and your situation. This is an informational sample, not legal advice.
SELF-PROVING AFFIDAVIT
STATE OF [Your State]
COUNTY OF [Your County]
Before me, the undersigned authority, on this [Day] day of [Month], [Year], personally appeared [Full Legal Name of Testator], the testator, and [Full Legal Name of Witness 1] and [Full Legal Name of Witness 2], the witnesses, each known to me personally or proved to me on the basis of satisfactory evidence, and being duly sworn, each declared as follows:
The Testator declares:
I, [Full Legal Name of Testator], declare to the undersigned authority that I sign this instrument as my last will, that I sign it willingly, that I execute it as my free and voluntary act, and that I am eighteen (18) years of age or older, of sound mind, and under no constraint or undue influence.
Each Witness declares:
We, [Full Legal Name of Witness 1] and [Full Legal Name of Witness 2], declare to the undersigned authority that the testator signed this will in our presence, or asked another person to sign on the testator’s behalf in our presence. We believe the testator to be of sound mind and under no constraint or undue influence. Each of us is at least eighteen (18) years of age and is a competent witness. We sign this affidavit at the testator’s request.
___________________________
[Full Legal Name of Testator], Testator
___________________________
[Full Legal Name of Witness 1], Witness
📨 Get Free Estate Planning Guides Alerts
Free · No spam · Unsubscribe anytime
___________________________
[Full Legal Name of Witness 2], Witness
Sworn to and subscribed before me by [Full Legal Name of Testator], the testator, and by [Full Legal Name of Witness 1] and [Full Legal Name of Witness 2], the witnesses, on this [Day] day of [Month], [Year].
___________________________
Notary Public
My commission expires: [Date]
[Notary Seal]
How to Make a Self-Proving Will Affidavit Valid in Your State
The most reliable approach is to sign your self-proving will affidavit at the same time you sign your will. This way, everyone is already in the room — you, your two witnesses, and the notary. You sign the will first, then immediately sign the affidavit. The notary administers the oath, watches everyone sign, and applies the notary seal.
In many states, you can also add a self-proving will affidavit after the will has already been signed. For example, Florida Statutes § 732.503 and Virginia Code § 64.2-452 both allow this “at any subsequent date.” However, your original witnesses must be the ones who sign the affidavit — you cannot substitute new witnesses. This is why signing everything on the same day is strongly recommended.
Once signed and notarized, attach the self-proving will affidavit directly to your will. Staple it to the back. Store both documents together in a safe, accessible location — a fireproof safe at home, a safe deposit box, or filed with your county’s probate court if your state allows pre-filing. Let your executor know where to find it.
Frequently Asked Questions
Is a will still valid without a self-proving will affidavit?
Yes. A self-proving will affidavit does not make your will valid — it just makes it easier to prove in court. Your will is valid as long as it meets your state’s execution requirements, typically a signature and two witnesses. The affidavit simply removes the need for witness testimony during probate.
Can I use a self-proving will affidavit in any state?
Most states accept them, but a few do not. As of 2026, Ohio, Maryland, and Washington, D.C. do not have statutes authorizing a self-proving will affidavit. Louisiana uses a different system — the will itself must be notarized under Louisiana Civil Code Art. 1577. California does not require a separate affidavit because its probate code handles proof of wills differently under Probate Code § 8220. Check with your state’s probate court if you’re unsure.
Does a self-proving will affidavit need to be notarized?
Yes, always. Notarization is what makes the affidavit “self-proving.” The notary public verifies everyone’s identity, administers the oath, and certifies the signatures. Without the notary’s seal, the affidavit has no legal effect. Notary fees are typically $5 to $15 per signature, though some states cap the fee by law.
Planning ahead? Check your life insurance too
A will decides who gets what — life insurance decides how your family pays the bills while the estate settles. It is worth checking that your coverage and beneficiaries are up to date.
Find Your State’s Exact Rules
Probate cost, small-estate limits, intestate shares, and estate-tax rules all change from state to state. Pick your state to see the exact figures that apply where you live.
See Wills & Probate Rules for Every State →
Sources & How to Verify
The information on this page is drawn from official government and court sources. Estate, probate, and tax rules change, so always confirm the exact figure with your state’s court, statute, or a licensed attorney.
- IRS — Estate Tax: irs.gov — federal estate-tax rules and exemption
- Find free legal help: lawhelp.org — free and low-cost legal aid in your state
- Cornell Legal Information Institute: law.cornell.edu/wex — plain-English legal definitions
- Your state probate code & court self-help portal: search “[your state] probate code” and “[your state] probate court self-help” for the exact law and forms
Content last reviewed June 2026. If you notice outdated information, please contact us.
Related Guides
- Wills & Probate by State (All 51 Jurisdictions)
- More in This Category
- Estate Planning Scenarios — What to Do When…
- Documents, Forms & Letters
- Comparison Guides
- Estate Planning Glossary
Informational only — not legal or tax advice. Wills Probate Guide is an independent educational resource, not a law firm, tax advisor, or financial planner, and this page does not provide legal or tax advice. Estate, probate, and tax rules vary by state and change over time, so always verify the exact rule with your state’s probate code, your local probate court’s self-help portal, or a licensed attorney. For urgent matters like an active probate or a tax deadline, contact a licensed attorney in your state right away.