What is a self-proving affidavit?

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What is a self-proving affidavit?

Is it paert of the Will or something separate?

Asked on July 30, 2017 under Estate Planning, Alaska

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

A self-proving affidavit is a sworn statement attached to a Will, signed by the testator (i.e. the maker of the Will and their witnesses, that attests to the Will's validity. It is not necessary to include a self-proving affidavit, a Will is legal without it, but including one may help make probate go more quickly. In other words, a Will, must go through probate and during this process the executor must “prove” that the W is valid. Most courts will require the witnesses to appear at court, either personally or by sworn statement. If there is any trouble locating a witness, it could cause delays. However, if you include a self-proving affidavit with your Will, it does not need to be proved to the court. The affidavit proves the Will. Here is a link that will explain in more detail: https://law.freeadvice.com/estate_planning/wills/self-proving-will.htm


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