What is a Self-Proving Affidavit?

A self-proving affidavit is a document that accompanies a Will. In the case of an attested Will, it is signed by the testator and those who witnessed the testator sign his Will.

The self-proving affidavit affirms that that the Will was properly signed by the testator in the presence of two witnesses, who observed the testator sign his Will and heard him say that it was his Last Will and Testament.

The benefit of a self-proving affidavit is that it eliminates the need for witnesses to appear in a probate proceeding to testify about the validity of a Will, which saves time and expense.


  1. My husband and I are making plans in case we do not survive the pandemic. Can the executor be our oldest daughter, age 15? I have no siblings and my parents are disabled. At best, we have our child’s godparents.

  2. My mother & father in law have 15 acre land that we both live on. She wants to leave her half or share of the land to my husband and me, and my father in law can leave do what he wants with his half. They have 4 kids(adults) including my husband. I was going to have her write out whatever she wants done and then do a self-proving affidavit but can my husband and I be witness to sign it? or does she need two outside the family?

    • Wills and self-proving affidavits that accompany them should be witnessed to two disinterested witnesses. Please encourage your mother-in-law to consult with a lawyer to ensure her wishes are reflected.

  3. Am trying to avoid probate. I have a legal will and TODD. Is it still necessary to have the aforementioned affadidavit ?

    • Lawyers include a self-proving affidavit because it eliminates the need for witnesses to appear in a probate proceeding to testify about the validity of a Will, which saves time and expense.

  4. Is it necessary for the two witnesses to be present at the time the self proving affidavit is notarized by the authorized Notary?

  5. Where can I get a form for a self-proving affidavit to accompany a will being made in Texas?

  6. Can somone who has witnessed a will signing (along with another person) also be the person who notarized the signature of the testator?

  7. Rajan Krishnan says

    The witnesses have to see the person sign, right? They do not have to read the will or verify that the document being signed is indeed a will and testament, right?

    • The witnesses have to attest that they heard the testator say the document was his Last Will and Testament and that the testator signed the Will and wanted each of them to sign as witnesses. The witnesses do not have to read the Will.

      • Jan Meier says

        If two witnesses sign a will, must it be notarized?

      • A Will in Texas does not need to be notarized in order to be valid; however, adding a self-proving affidavit, which must be notarized, to a Will eliminates the need for witnesses to appear in a probate proceeding to testify about the validity of a Will, which saves time and expense.

  8. If I leave everything to my husband do I need a executor as well?

    • Dear Laura,

      An Executor is a person who will be appointed to:

      1. inventory and collect the decedent’s assets;
      2. manage the assets during administration;
      3. receive and pay the claims of creditors and tax collectors; and
      4. distribute the remaining assets to the decedent’s beneficiaries.

      Your husband can be both the executor and beneficiary.

  9. Douglas Naegele says

    Does a will written by an attorney in Connecticut have validity in the state of Texas?

  10. Barbara Wald says

    Thank you in advance. Is it legal for my husband and I to have one combined will thereby leaving to each, all assets?

  11. In Texas, does a typed last will and testament still need 2 witness signitures if the document has been notarized without the 2 witness signatures?


  12. Doris Townsend says

    Can a person type up their own will and sign it before two witnesses and a notary public, or does it have to be hand written?

    • A Will that is not wholly in a testator’s handwriting should be in writing, signed by the testator, or another person at the testator’s direction and in the testator’s presence, and attested in the testator’s presence by at least two credible witnesses over the age of 14.

  13. Bob Geruso says

    Since a holographic will has no witnesses, can (or is it necessary) a self-proving affidavit still be utilized?

    Thank you

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