What Is A Self Proving Will And Why Do You Need It?

A self proving will can help your loved ones once you pass away and your estate plans need to be put into action. Think of it as a tool you can put in place to see to it that your loved ones don’t waste time thinking about probates in times of high stress. 

This is because a self proving affidavit for will (aka a self proving will) is put in place to automatically prove the validity of the legal document you have crafted. As a result, it can significantly speed up the entire process and make sure that your heirs get their inheritance as fast as possible.

In this post, we’ll explain how it works and what are the benefits of creating this legal document.

What Is A Self Proving Will?

A self proving will is your regular will with a legal document or a sworn statement attached to your will, i.e. an affidavit. This document isn’t required, but it’s fully recommended as it can erase a lot of stress during the probate process, which is an inevitability when inheritance needs to be assigned to the beneficiaries. 

In technical terms, this is a statement added at the end of the will. You, the testator, along with the witnesses of your will, are required to swear under oath and sign this document in the presence of a notary public. Since these signatures in the presence of a government official confirm that your will is valid and is the true reflection of your wishes, the need for witnesses at the probate after you pass away is practically redundant. 

Besides speeding up the probate process and the administration of your state, a self proving affidavit for will can also ensure that no one can contest your will. 

What Does Self Proving Affidavit For Will Look Like?

Legal documents are generally quite complex, but this one is pretty easy to grasp. A self-proving will is a document that contains a single page with your name, the names of the witnesses, as well as a legal statement declaring that you verify the will is valid and personally oversaw the original signing. 

Lastly, the affidavit must be notarized by a government official, meaning it has to include the official stamp and seal.

Why Create A Self-proving Will

Including the aforementioned affidavit in your will is beneficial as it can make certain that everything goes smoothly when your will comes into effect.

Normally, the process is anything but straightforward. After you pass away, your heirs must first start the process of validating the will before they are allowed to take their inheritance. This usually takes place in probate court.

The witnesses will also need to appear in court in person to sign affidavits that confirm they were present when you signed your will and state that they also put their signatures on the document at the time.

The complexity only grows in cases where an estate plan was created well before the time of passing.

For instance, since witnesses are required to show up in court, it’s common for some of the witnesses not to be able to attend. The entire process may come to a standstill if one of the witnesses lives in another area. 

In the worst-case scenario, some of the witnesses may have passed away themselves, which can complicate the probate process even further. 

With a self-proving will, all of this hassle is eliminated as witnesses won’t need to appear in court - thus putting both them and your heirs at ease in a difficult time.

Is A Notary Public Required?

The presence of a notary public is required for a self-proving affidavit to be enforceable. While this seems too complicated and costly, it’s actually not a big deal. You only need to find a local notary, pay a small fee that’s typically just $10, and bring your witnesses along with the affidavit you put together. The public notary official will sign and stamp it - simple as that.

How To Write A Self-proving Will

Although most important legal documents should be drafted by a legal professional, creating a self-proving affidavit for will is fairly easy to do, at least as far as legal documents go. To strengthen your will, follow these steps:

1. Outline which assets you’re including and who will inherit them. A will also needs to name an executor. Make sure to sign this document in front of witnesses.
2. Use a self-proving affidavit template to ensure you’re compliant with state guidelines. 
3. Visit a notary public with your witnesses. Most libraries, UPS stores, and banks offer these services.
4. You and your witnesses have to sign the affidavit under oath in the presence of the government official.
5. Once the notary public signs and stamps the document, your self proving will becomes a viable legal document.

There are two things you should be aware of. For starters, you can save a lot of time by signing the will and the affidavit at the same time at the notary office. Second, remember to store both documents in the same place, then notify the executor or the trustees you assigned about the whereabouts of the estate planning documentation.

Contact the Law Offices Of Mary E. King if you need any help with estate planning

Keep in mind there is more to estate planning than just drafting a will. State regulations change all the time and in a few years, probate and trust laws may change. By hiring an estate planning attorney to oversee the creation, and consequently, monitor your estate, you do everything in your power to have your documents always in compliance with all applicable state laws.

Additionally, trusts or wills may not cover all the bases - an attorney can help you tie up any loose ends and minimize probate proceeding costs with their expert legal advice. 

If you want to make the best decisions for your estate, get in touch with Law Offices of Mary E. King, the most reliable estate planning attorney in entire Florida. 

Call 941-906-7585 or fill out our online contact form to schedule an appointment and get peace of mind knowing your estate is taken care of by a professional.

Note: 

The information in this blog post is for reference only and not legal advice. As such, you should not make legal decisions based on the information in this blog post. Moreover, there is no lawyer-client relationship resulting from this blog post, nor should any such relationship be implied. If you need legal counsel, please consult a lawyer licensed to practice in your jurisdiction.