A self-proving will is a legal document that simplifies the probate process by allowing the will to be accepted without further proof of its validity. This is achieved through the inclusion of a self-proving affidavit, which is signed by the testator (the person making the will) and witnesses in front of a notary public. This format is beneficial as it can save time and reduce legal complexities during the probate process. Below are three diverse examples of self-proving will templates that can serve as a guide for individuals looking to draft their own wills.
This simple template is ideal for individuals with straightforward estate plans, such as those with limited assets and beneficiaries.
LAST WILL AND TESTAMENT OF [Your Name]
I, [Your Name], residing at [Your Address], declare this to be my Last Will and Testament.
I revoke any prior wills and codicils.
I appoint [Executor's Name] as my Executor.
I give my estate to my children, [Child's Name] and [Child's Name].
[Additional provisions or specific bequests can be added here.]
IN WITNESS WHEREOF, I have signed this Will on [Date].
_____________________________
[Your Name]
WITNESSES:
Signed by the above-named Testator in our presence, and we, at the same time, sign as witnesses.
_____________________________
[Witness Name 1]
_____________________________
[Witness Name 2]
SELF-PROVING AFFIDAVIT
State of [State]
County of [County]
We, [Your Name], [Witness Name 1], and [Witness Name 2], do hereby swear that we executed this Will in each other’s presence, and that the Testator was of sound mind and under no undue influence.
_____________________________
[Your Name]
_____________________________
[Witness Name 1]
_____________________________
[Witness Name 2]
Subscribed and sworn to before me this [Date].
_____________________________
[Notary Public]
My commission expires: [Date]
This template is suitable for individuals with basic estate planning needs. It should be tailored to include specific assets or additional beneficiaries as necessary.
This template is designed for individuals with a more intricate estate, including multiple assets and beneficiaries, along with specific bequests.
LAST WILL AND TESTAMENT OF [Your Name]
I, [Your Name], residing at [Your Address], declare this to be my Last Will and Testament.
I revoke all prior wills and codicils.
I appoint [Executor's Name] as my Executor, and if they are unable or unwilling to serve, then I appoint [Alternate Executor's Name].
I give my estate as follows:
- To my spouse, [Spouse's Name], I give all my personal property and the sum of $[Amount].
- To my children, [Child's Name] and [Child's Name], I give all remaining assets, to be divided equally.
- To [Charity Name], I bequeath $[Amount] for [specific purpose].
IN WITNESS WHEREOF, I have signed this Will on [Date].
_____________________________
[Your Name]
WITNESSES:
Signed by the above-named Testator in our presence, and we, at the same time, sign as witnesses.
_____________________________
[Witness Name 1]
_____________________________
[Witness Name 2]
SELF-PROVING AFFIDAVIT
State of [State]
County of [County]
We, [Your Name], [Witness Name 1], and [Witness Name 2], do hereby swear that we executed this Will in each other’s presence, and that the Testator was of sound mind and under no undue influence.
_____________________________
[Your Name]
_____________________________
[Witness Name 1]
_____________________________
[Witness Name 2]
Subscribed and sworn to before me this [Date].
_____________________________
[Notary Public]
My commission expires: [Date]
This complex template allows for detailed instructions regarding asset distribution. Individuals should ensure the template complies with local laws and can adjust bequests as needed.
This template is tailored for parents who want to ensure their minor children are cared for in the event of their passing.
LAST WILL AND TESTAMENT OF [Your Name]
I, [Your Name], residing at [Your Address], declare this to be my Last Will and Testament.
I revoke all prior wills and codicils.
I appoint [Guardian's Name] as the guardian of my minor children, [Child's Name] and [Child's Name].
I give my estate to my spouse, [Spouse's Name]. If my spouse does not survive me, then I give my estate to my children, to be divided equally.
If my children are minors at the time of my death, I direct that their inheritance be held in trust until they reach the age of 18.
IN WITNESS WHEREOF, I have signed this Will on [Date].
_____________________________
[Your Name]
WITNESSES:
Signed by the above-named Testator in our presence, and we, at the same time, sign as witnesses.
_____________________________
[Witness Name 1]
_____________________________
[Witness Name 2]
SELF-PROVING AFFIDAVIT
State of [State]
County of [County]
We, [Your Name], [Witness Name 1], and [Witness Name 2], do hereby swear that we executed this Will in each other’s presence, and that the Testator was of sound mind and under no undue influence.
_____________________________
[Your Name]
_____________________________
[Witness Name 1]
_____________________________
[Witness Name 2]
Subscribed and sworn to before me this [Date].
_____________________________
[Notary Public]
My commission expires: [Date]
This template is particularly important for parents, as it addresses guardianship for minor children and ensures that assets are managed appropriately until the children are of age. It is crucial to review local laws regarding guardianship and trusts.