In many states, a Will is automatically self-proving when two witnesses sign under penalty of perjury that they observed the willmaker sign the document, and that he told them it was his Will. In California, for example, all Wills are considered “self-proved” once they are properly signed and executed by the testator and witnesses. If no one contests the validity of the Will, the probate court will generally accept it without hearing the testimony of witnesses or other evidence. In other states, such as Louisiana, the testator and two or more witnesses must sign an affidavit, or sworn statement, before a notary public certifying that the will is genuine and that all will-making formalities have been observed.

A self-proving Will saves your witnesses and beneficiaries considerable inconvenience by not requiring a court appearance to affirm the Will’s validity. It also gives your Will an extra layer of authentication that can help your beneficiaries avoid a long and costly probate process, and can be especially helpful when one or more of your witnesses cannot be located or are deceased.

The self-proving affidavit which is part of or attached to a Will may be similar to the wording from Louisiana below:

Note that in some states an existing Will which was not self-proving when originally executed, can be made self-proving. In New Jersey, for example, an existing Will can be turned into a self-proving Will if, and only if, all witnesses to the original Will are available to sign a short affidavit in the presence of a Notary Pubic. If the witnesses are not available, the only way to have a self-proving Will would be to draw up a new Will and fulfill the self-proving requirements of your state.