Free California Self-Proving Affidavit - PDF Download

Updated on May 15, 2024

The California Self-Proving Affidavit is a simple but crucial document that makes your will easier to prove. Instead of calling witnesses into probate court to confirm your will’s validity, this affidavit ensures that the will was signed willingly and without any undue influence. A notary public is involved to officially validate the signing process, giving your will that extra layer of authenticity.

Why Use This California Self-Proving Affidavit?

Using this affidavit can streamline the probate process by:

  • Ensuring the Settlor (person making the will) was of sound mind and acted freely.
  • Providing evidence that the will represents the Settlor’s true final wishes.
  • Saving time and hassle in court, as witnesses won’t need to testify.

How to Complete the California Self-Proving Affidavit

  1. State and County: Write in the state and county where the document is signed.
  2. Settlor(s): Add the names of the Settlor(s) who signed the will.
  3. Document Type: Specify what kind of document the Settlor signed (e.g., will or testament).
  4. Signatures:
    • Settlor(s): Each Settlor should sign and date the affidavit.
    • Witness: A witness needs to sign and date to confirm they saw the Settlor sign the will.
  5. Notary Public:
    • The notary should add their signature, commission expiration date, and seal.
    • The notary verifies the identities of those signing but doesn’t confirm the will’s content.

Frequently Asked Questions

Do I need a notary for this affidavit?

Yes, a notary must verify the identity of the signers and officially acknowledge the document.

What happens if I don't use this affidavit?

Without a self-proving affidavit, witnesses may need to testify during the probate process.

How many witnesses are required?

At least one witness is required to sign this affidavit.

Can a beneficiary be a witness?

It’s best to use impartial witnesses who are not beneficiaries to avoid potential conflicts.

Is the notary responsible for validating the will?

No, the notary only verifies the signers’ identities, not the validity of the will itself.

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