What does a self proving affidavit do for a will?
Key takeaway
In Minnesota, for example, self proof conclusively establishes will signature compliance without witness testimony when the statutory acknowledgment and affidavits are made before an authorized oath officer, unless fraud or forgery affects them. Other states differ.
Keep the signature rule in view
The Minnesota effect described here concerns signature requirements. It is not a blanket cure for every execution defect.
For a review of your own documents, bring the will and any attached affidavit to your estate adviser. Ask which state’s requirements the documents were prepared to meet.
Two related terms
Self proving affidavit. In Minnesota, for example, this is the witnesses’ sworn statement accompanying the will maker’s acknowledgment before an officer authorized to administer oaths, using the statutory form. An attested will may be made self proved at signing or later, and other states differ.
Codicil. In Minnesota, for example, a codicil is included within the legal meaning of a will and is treated as part of it. Other states differ.
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Frequently asked questions
Can a signature on the affidavit count as a signature on the will in Minnesota?
Yes. In Minnesota, for example, a signature on an attached self proving affidavit counts as a signature on the will if necessary to prove the will’s due execution. Other states differ.
Does Arizona recognize a signature on an attached affidavit?
Yes. In Arizona, a signature on a self proving affidavit attached to the will counts as a signature on the will if necessary to prove due execution.
Does Kansas require additional witness signatures when the affidavit is signed with the will?
No, if the affidavit substantially conforms to the statutory affidavit and is executed when the will is executed. Under that Kansas provision, no other witness signatures or additional attestation clause are required.
What if the original will is missing?
In Minnesota, for example, an unavailable original can be offered in formal probate through a petition stating the will’s contents and that it is lost, destroyed or otherwise unavailable. Other states differ.
That describes what the petition must state, rather than a promise that the court will admit the will.
Sources
- Minnesota Statutes §524.2-504, self proof and signatures on attached affidavits.
- Minnesota Statutes §524.3-406, effect of self proof on signature requirements and the fraud or forgery exception.
- Minnesota Statutes §524.1-201, definition of will, including codicils.
- Minnesota Statutes §524.3-402, petition requirements when the original will is unavailable.
- Kansas Statutes §59-606, substantially conforming affidavits executed with the will.
- Arizona Revised Statutes §14-2504, signatures on attached self proving affidavits.