Last Will and Testament: What is a Self-Proving Affidavit?
By: Brittany E. Bennett, Esq.
When you have your Last Will and Testament drafted, you may think you only need a couple of witnesses for it to be valid, however, there’s another document that you SHOULD have drafted. The self-proving affidavit. The self-proving affidavit (the “Affidavit”) is a document that allows your Will to be probated faster.
The Affidavit consists of statements made (under oath) by each witness to your will. Specifically, the Affidavit will state at least the following:
- the Testator (the person making the Will) is of sound mind;
- the witness in fact witnessed the Will being signed;
- the Testator signed his/her Will voluntarily;
- the Testator and the witnesses were at least 14 years old when the Will was signed; and
- the witness signed at the request of the Testator.
If you do not have a self-proving affidavit :
The judge will need proof that the above-listed items occurred during the Will signing. This will require filing more documents to prove to the court that the Will is valid. One of the ways this is accomplished is through “interrogatories.” Interrogatories are a series of questions submitted to each witness of a Will which must be answered (under oath) and submitted to the probate court where the Will is being probated. This can be problematic if the witnesses are unable to be located or if the witnesses have also passed. Remember, when a Will is drafted it could be many years before the Testator passes. Therefore, he/she could outlive the witnesses to the Will.
If you have a self-proving affidavit :
The Affidavit avoids the need for further proof of the validity of the Will to the probate court, which ultimately saves time and money! Avoid the hassle of tracking down witnesses. Avoid the headache of what to do when witnesses have passed before the Testator.
Hiring an experienced probate attorney can help you and your loved ones avoid potential pitfalls and unnecessary hurdles in the probate process.
Tip of the day: When you have your Will drafted—sign a self-proving affidavit!
The post Last Will and Testament: What is a Self-Proving Affidavit? appeared first on Bennett Law and Mediation Services LLC.
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