Purpose and Use
The main purpose of a self-proving affidavit is to verify that a last will or codicil was signed in accordance with state law. Without this affidavit, witnesses must be contacted to testify to the will’s validity in court. With it, the court can accept the will without further proof.
A will is still valid without a self-proving affidavit, as long as it meets state requirements and is signed by the testator in the presence of two disinterested witnesses.
How to Make a Self-Proving Affidavit (3 steps)
- Gather Two Disinterested Witnesses
These must be adults not named in the will. - Meet with a Notary Public
Schedule a time with a notary—this could be through an estate attorney, a bank, or a licensed notary service. - Sign the Affidavit
The testator, witnesses, and the notary meet to sign the affidavit, which is then attached to the will and becomes part of the official document.
State Laws
| Alabama | Two witnesses and a notary public. | § 43-8-132 |
| Alaska | Two witnesses and a notary public | § 13.12.504 |
| Arizona | Two witnesses and a notary public | § 14-2504 |
| Arkansas | Two witnesses and a notary public | |
| California | One witness | § 8220 |
| Colorado | Two witnesses and a notary public | § 15-11-504 |
| Connecticut | One or more witnesses and a notary public | § 45a-285 |
| Delaware | Two witnesses and a notary public | § 12-13-1305 |
| Florida | Two witnesses and a notary public | § 732.503 |
| Georgia | Two witnesses and a notary public | § 53-4-24 |
| Hawaii | Two witnesses and a notary public | § 560:2-504 |
| Idaho | Two witnesses and a notary public | § 15-2-504 |
| Illinois | Two witnesses | § 755-5-6-4 |
| Indiana | Separate affidavit not required. | § 29-1-5-3.1 |
| Iowa | Two witnesses and a notary public | § 633.279(2) |
| Kansas | Two witnesses and a notary public | § 59-606 |
| Kentucky | Two witnesses and a notary public | § 394.225 |
| Louisiana | Not permitted. | No statute. |
| Maine | Two witnesses and a notary public | § 2-503 |
| Maryland | Two witnesses and a notary public. | § 4-102 |
| Massachusetts | Two witnesses and a notary public | § 2-504 |
| Michigan | Two witnesses and a notary public | § 700.2504 |
| Minnesota | Two witnesses and a notary public | § 524.2-504 |
| Mississippi | At least one witness and a notary public | § 91-7-7 |
| Missouri | Two witnesses and a notary public | § 474.337 |
| Montana | Two witnesses and a notary public | § 72-2-524 |
| Nebraska | Two witnesses and a notary public | § 30-2329 |
| Nevada | Two witnesses and a notary public | § 133-050 and § 133-055 |
| New Hampshire | Separate affidavit not required. | § 551-2-a |
| New Jersey | Two witnesses and a notary public | § 3B:3-4 |
| New Mexico | Two witnesses and a notary public | § 45-2-504 |
| New York | Two or more witnesses and a notary public | § 1406 |
| North Carolina | Two witnesses and a notary public | § 31-11.6 |
| North Dakota | Two witnesses and a notary public | § 30.1-08-04 |
| Ohio | Not permitted. | No statute. |
| Oklahoma | Two witnesses and a notary public | § 84-55(5) |
| Oregon | One or more witnesses and a notary public | § 113.055 |
| Pennsylvania | Two witnesses and a notary public | § 3132.1 |
| Rhode Island | One or more witnesses and a notary public | § 33-7-26 |
| South Carolina | One or more witnesses and a notary public | § 62-2-503 |
| South Dakota | Two witnesses and a notary public | § 29A-2-504 |
| Tennessee | One or more witnesses and a notary public | § 32-2-110 |
| Texas | Two witnesses and a notary public | § 251-104 |
| Utah | Two witnesses and a notary public | § 75-2-504 |
| Vermont | Two witnesses and a notary public | § 14-3-108 |
| Virginia | Two witnesses and a notary public | § 64.2-452 |
| Washington | Two or more witnesses and a notary public | § 11.20.020 |
| West Virginia | One or more witnesses and a notary public | § 41-5-15 |
| Wisconsin | Two witnesses and a notary public | § 853-04 |
| Wyoming | Two witnesses and a notary public | § 2-6-114 |
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