Legal Definitions - Self-proving will

A self-proving will is a type of last will and testament that includes specific legal formalities during its creation, allowing it to be accepted as valid by a probate court without requiring the witnesses to the will's signing to appear in court and provide testimony. This special status helps to streamline the probate process after the person who made the will (the testator) has passed away.

To achieve "self-proving" status, most states require the will's witnesses to sign a sworn statement, known as an affidavit, in the presence of a notary public at the same time the will is signed. This affidavit confirms that the witnesses observed the testator sign the will and that the testator appeared to be of sound mind and acting voluntarily. In some states, a statement signed by the witnesses under penalty of perjury may suffice. By including these extra steps at the time of the will's execution, the will essentially "proves itself," reducing the need for court hearings to confirm its validity later on.

Here are some examples illustrating how a self-proving will works:

• Example 1: Avoiding Inconvenience for Elderly Witnesses
  Mrs. Eleanor Vance, an elderly woman, creates her will and asks her two long-time neighbors, who are also elderly, to serve as witnesses. Her attorney advises her to make it a self-proving will. During the signing ceremony, after Mrs. Vance signs her will, her neighbors also sign a separate affidavit in front of a notary public, confirming they witnessed Mrs. Vance sign the will and that she appeared competent and willing. When Mrs. Vance passes away, her will is submitted to probate court. Because it is self-proving, her elderly neighbors will not need to appear in court to validate the will, saving them potential travel and stress, and allowing the court to accept the will's validity more quickly.

• Example 2: Managing Geographical Distance
  Mr. David Chen drafts his will while living in Texas, with two colleagues serving as witnesses. A year later, Mr. Chen accepts a job offer and moves to California. When Mr. Chen originally signed his will in Texas, he and his colleagues also signed a self-proving affidavit before a notary public, as per Texas law. If Mr. Chen were to pass away in California, and his will needed to be probated in Texas (or if the California court needed to validate the Texas will), the self-proving nature of the document means his former colleagues in Texas would not be required to travel to a courthouse to testify about the will's authenticity. The notarized affidavit already serves as their sworn testimony, simplifying the process despite the geographical distance.

• Example 3: Expediting Estate Administration
  Ms. Sarah Miller, a busy professional with a substantial estate, wants to ensure her children can access their inheritance as quickly as possible after her passing. She works with her estate planning attorney to create a self-proving will. Her witnesses sign the will and then immediately sign a notarized affidavit confirming their role and observations. By making her will self-proving, Ms. Miller has proactively addressed a common hurdle in probate. The court can accept the will's validity based on the attached affidavits without needing to schedule a hearing for witness testimony. This significantly reduces potential delays in the probate process, allowing her beneficiaries to receive their inheritances more promptly.