Legal Definitions - self-proved will

A self-proved will is a will that has been executed in a manner that simplifies its admission to probate court after the testator's death. This is typically achieved by attaching a special document, known as a self-proving affidavit, to the will. This affidavit is signed by the person making the will (the testator) and their witnesses in the presence of a notary public. By doing so, the affidavit legally attests that the will was properly signed and witnessed according to legal requirements, often eliminating the need for the witnesses to appear in court to confirm the will's validity during the probate process.

• Example 1: Maria, an 88-year-old woman, creates her will to distribute her assets among her children. She is concerned that her chosen witnesses, who are also elderly, might not be alive or easily reachable years from now when her will needs to be probated. To prevent potential delays and burdens for her family, she opts for a self-proved will.

  Explanation: By making her will self-proved, Maria ensures that the affidavit, signed by her and her witnesses before a notary, will serve as sufficient proof of the will's validity. This means her children won't have to track down potentially unavailable witnesses or face delays in settling her estate, making the process smoother and less stressful for them.

• Example 2: John, a busy software engineer with a young family, wants to ensure his will can be processed quickly and efficiently for his beneficiaries. He anticipates that his chosen witnesses, who are colleagues, might move or change jobs over time, making them difficult to locate in the future.

  Explanation: John chooses to create a self-proved will. The self-proving affidavit, executed at the time of signing, legally documents that all formalities were met. This proactive step means his family will likely avoid the time-consuming and potentially costly process of locating and compelling witnesses to testify in court, allowing for a more streamlined probate process despite potential witness unavailability.

• Example 3: Dr. Anya Sharma, a medical researcher, frequently travels internationally for her work and plans to relocate to a new country in a few years. She wants to create a will now that will be easily verifiable in her home state, even if she and her witnesses are living abroad when it needs to be probated.

  Explanation: Dr. Sharma's decision to create a self-proved will is prudent. The self-proving affidavit, signed by her and her witnesses before a notary, provides immediate and enduring proof of the will's proper execution. This foresight prevents potential complications arising from geographical distance or the difficulty of having witnesses, who might be in different countries, appear in a U.S. probate court to validate the will.