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FAQ #29033

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Does state law require that a will must contain a self-proving affidavit for it to be a legal will?

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A self-proving affidavit is used in many states. Witnesses sign the affidavit, which is notarized. This eliminates the need for witnesses to testify at subsequent probate proceedings, often decades in the future. For state-specific information about estate planning documents, contact an attorney in your state or the local office of the courts that handles probate and estate planning matters. Other good sources of state-specific estate planning information are "self-help" legal books published by Nolo Press and other publishers of books on legal topics.

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