Updated on November 2, 2021
The California self-proving affidavit is a legal document containing a sworn statement and attached to the will. The Affidavit follows California laws section § 8220. It is signed by a witness and the notary public for the validity of the document.
In California State, the Self-proving affidavit is given to the probate court to attest the last statement and will of a deceased person are true. This legal document eliminates the use of testimonial witnesses in court, thus, reducing the time needed for the probate process.
On the top indicate the state and county details.
The California self-proving affidavit is simple and requires the affiant to indicate their name and the name of the document (Will and Last statement).
Affiant signature and date
Witnesses’ signature and date
Once the notary public or the officer involved verifies the identity of the person who signed the document, the following is filled to make the document legal:
- State and County details
- The date the affidavit is executed
- The name of the undersigned (donor)
- Signature of the notary public
- Name of the notary public
- The date when the commission of the notary public expires
The person responsible for creating the affidavit must attach the self-proving affidavit to a copy of the will. If not, they should incorporate the document as a clause in the original will. Even though it is not mandatory in California for the witness to sign the document in presence of a notary public, a witness must sign the document.