Self-Proving Will Examples for Couples

Explore practical examples of self-proving wills for married couples, ensuring your will is valid and easy to execute.
By Jamie

Understanding Self-Proving Wills

A self-proving will is a legal document that includes a statement verifying the authenticity of the will, allowing it to be accepted in probate court without the need for witnesses to testify. This is particularly beneficial for married couples, as it simplifies the process of executing their final wishes while ensuring their estate is handled smoothly. Below are three diverse examples of self-proving wills for married couples.

Example 1: Basic Self-Proving Will for a Young Couple

In this example, we have a young couple, Sarah and John, who wish to ensure their assets are distributed according to their wishes in case of their untimely demise. They decide to create a self-proving will that outlines their desires clearly and includes a self-proving affidavit.

Sarah and John have two children and own a home, a joint bank account, and some personal property. They want to ensure their children are taken care of and that their assets go to their children if both of them pass away.

LAST WILL AND TESTAMENT OF SARAH AND JOHN DOE

We, Sarah Doe and John Doe, being of sound mind and body, do hereby declare this to be our last will and testament. We revoke all prior wills and codicils.

1. We appoint each other as the executor of our estate.
2. In the event that both of us pass away, we direct that our assets be divided equally between our children, Emily and Michael.
3. We bequeath our home located at 123 Main St, Anytown, USA to our children.
4. We direct that our joint bank account and any personal property be divided equally between our children.

We declare that this will is self-proving and made in compliance with the laws of [State].

Signed: 

_________________________  Sarah Doe  Date: _______
_________________________  John Doe  Date: _______

Self-Proving Affidavit: 

We, Sarah Doe and John Doe, declare that we signed this will in the presence of each other on this day, and we affirm that we are of sound mind and not under duress.

_________________________  Notary Signature  Date: _______

Notes: Ensure that the self-proving affidavit is properly notarized to validate the will. Each state may have specific requirements for the language used in the affidavit.

Example 2: Self-Proving Will with Guardianship Provisions

In this scenario, Mark and Lisa are a married couple with a more complex family situation. They have one child and also wish to designate a guardian for their daughter in case both of them pass away. They decide to create a self-proving will that addresses guardianship along with the distribution of their estate.

LAST WILL AND TESTAMENT OF MARK AND LISA SMITH

We, Mark Smith and Lisa Smith, being of sound mind and body, do hereby declare this to be our last will and testament. We revoke all prior wills and codicils.

1. We appoint each other as the executor of our estate.
2. In the event that both of us pass away, we appoint our close friend, Jane Doe, as the guardian of our daughter, Emma Smith.
3. We direct that our estate be divided as follows:

   - 50% to our daughter, Emma Smith, to be held in trust until she reaches the age of 21.
   - 25% to our parents, and the remaining 25% to be divided among our siblings.

We declare that this will is self-proving and made in compliance with the laws of [State].

Signed: 

_________________________  Mark Smith  Date: _______
_________________________  Lisa Smith  Date: _______

Self-Proving Affidavit: 

We, Mark Smith and Lisa Smith, declare that we signed this will in the presence of each other on this day, and we affirm that we are of sound mind and not under duress.

_________________________  Notary Signature  Date: _______

Notes: Including a guardianship provision is essential for parents. Ensure that the chosen guardian is aware and willing to take on this responsibility.

Example 3: Comprehensive Self-Proving Will with Specific Bequests

In this final example, David and Emily have been married for several years and own multiple properties, investments, and personal belongings. They want to create a detailed self-proving will that includes specific bequests for their family, friends, and charitable organizations.

LAST WILL AND TESTAMENT OF DAVID AND EMILY JONES

We, David Jones and Emily Jones, being of sound mind and body, do hereby declare this to be our last will and testament. We revoke all prior wills and codicils.

1. We appoint each other as the executor of our estate.
2. In the event that both of us pass away, we direct that our estate be distributed as follows:

   - Our house at 456 Oak St, Anytown, USA to our daughter, Sophie.
   - Our vacation property at Lakeview to our son, Jake.
   - $10,000 to our favorite charity, Helping Hands Foundation.
   - Our personal belongings, including jewelry and art, to be divided among our three siblings as per our attached memorandum.

We declare that this will is self-proving and made in compliance with the laws of [State].

Signed: 

_________________________  David Jones  Date: _______
_________________________  Emily Jones  Date: _______

Self-Proving Affidavit: 

We, David Jones and Emily Jones, declare that we signed this will in the presence of each other on this day, and we affirm that we are of sound mind and not under duress.

_________________________  Notary Signature  Date: _______

Notes: Specific bequests can help prevent disputes among heirs. Attach a memorandum if you wish to provide further details on how personal belongings should be distributed.