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What is a Self Proving Will?
A testator, or a person who executes a will, creates a self-proving will when he or she signs the will in the presence of at least two witnesses. Both witnesses must be able to swear under the penalties of perjury that they watched the testator execute or sign the will, that the testator indicated to them that he or she was executing his or her will, and/or that the proper legal procedures for executing a will were followed by the testator and any other parties who were present. For this reason, witnesses to a will commonly will sign an attestation, or a sworn statement, to this effect, which is incorporated as part of, or attached to the will document.
Legal Requirements
In some states, the witnesses’ statements and/or signature must be notarized as well. Assuming that no one contests the validity of a will when it is presented to the court for probate purposes, then the court will automatically accept a self-proving will as valid on its face. There are a few remaining states, however, that do not provide for a self-proving will, which means that the witnesses to a will must testify in the event that the validity of a will is challenged by a beneficiary, family member, or other party, before the probate court. The advantages of executing a self-proving will in the majority of states where they are legally valid are immense. A self-proving will eliminates the need to locate and inconvenience will witnesses with a court appearance simply to verify the will’s authenticity, speeds up the probate process, and effectively deals with situations where a will witness is deceased, cannot be located, or is otherwise unavailable to testify as to the validity of the will.
Do You Need a Lawyer?
Any experienced estate planning lawyer will advise you as to the need for and advantages of a self-proving will, assuming that your state provides for such a document. By executing a self-proving will under the guidance of your attorney, you will help your heirs to avoid protracted probate proceedings and legal fees.