Self-Proving Affidavit
(Will) (PA)

Summary

This is a template for a self-proving affidavit for a Pennsylvania will. The form consists of an acknowledgment by the testator and affidavits of witnesses that may be used to make a will self-proved, as set forth in 20 Pa. Cons. Stat. § 3132.1(b). The acknowledgment of the testator and the affidavits of the witnesses must be acknowledged by a notary. This template contains practical guidance and drafting notes. While a self-proving affidavit is not required by law, it is highly recommended because it simplifies the job of the executor at the time of probate. Without such an acknowledgement, the executor must spend time and effort locating witnesses. Generally, if the self-proving affidavit is absent two people must "prove" each will being offered for probate by signing an affidavit before the Register of Wills stating that they are familiar with the testator's signature and that it is the same as the signature on the will. A self-proved will usually avoids this requirement, allowing a will to be admitted to probate without any further witness testimony. The three instances in which witness testimony will be needed are (a) if someone contests the validity of the will, (b) if the will is signed by mark, or (c) if the will is signed by someone other than the testator. A will is considered self-proved when two witnesses affirm in writing that they were present when the will was executed, that they saw the testator sign it willingly, and that the testator was of legal age and appeared to have mental capacity necessary to make a valid will. The best practice is to complete this affidavit when the will is executed; however, the acknowledgment may be signed after the execution of the will. Separate affidavits for each witness are permitted. An attorney may acknowledge the signatures of the testator and the witnesses without a notary being present, so long as a notary thereafter acknowledges the signature of the attorney. Use the Alternative Notarial Acknowledgment in this case. For more information on proving a will in Pennsylvania, see Governing Law of Probate, Jurisdiction, and Proceedings (PA), Fiduciary Appointments and Duties in Probate Proceedings (PA)., and Requisites, Instrumentation, and Will Provisions (PA).