Legalese is used to describe legal terms and documents that are difficult for non-lawyers to understand. As attorneys, it is our job to translate these terms and documents for you to help you make well-informed decisions.
What is a self-proving Will and what makes it self-proving?
In order for a Will to be valid in Pennsylvania, it must be in writing and be signed at the end by the testator*. It does not need to be witnessed or notarized to be considered a valid Will at the time of execution (unless the testator cannot sign himself). However, at the time of probate, witnesses are required. Because of this, most attorneys add a self-proving acknowledgement and affidavits to the end of the Will at the time of execution to save the Estate time and money after the testator's death. The acknowledgement and affidavit must include the testator's signature, signatures of two competent witnesses and the signature and seal of a notary public. There are a few exceptions and additions to these requirements, but in most cases, these additional signatures are sufficient to make the Will self-proving. The Will is considered self-proving because the Register of Wills will then accept all signatures in the Will (assuming no other issues) at the time of probate without requiring additional oaths or affidavits after the testator's death.
If the Will does not include the self-proving acknowledgement and affidavits (as is commonly seen in older Wills), the Register of Wills requires oaths to be signed by either the two witnesses present at the time of execution, or if they cannot be located or are unable to sign due to death or disability, the Register will instead require oaths to be signed by two competent witnesses that personally know the signature on the Will to be the testator's signature.
If your existing Will is missing this self-proving page, you may consider updating your Will to avoid any unnecessary steps after your death.
*Testator is the person making the Will. The feminine is testatrix.
Below is the sample language of the Acknowledgement and Affidavits as provided under 20 Pa.C.S. § 3132.1(b):
Acknowledgment
Commonwealth of Pennsylvania (or State of ____________)
County of ____________
I, ________________, the testator whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will; and that I signed it willingly and as my free and voluntary act for the purposes therein expressed.
Sworn to or affirmed and acknowledged before me
by ____________________________, the testator, this ______
day of _____________, 19____.
________________________________
(Testator)
________________________________
(Signature of officer or attorney)
(Seal and official capacity of
officer or state of admission of
attorney)
Affidavit
Commonwealth of Pennsylvania (or State of ____________)
County of ____________
We (or I), ________________ and ________________, the witness(es) whose name(s) are (is) signed to the attached or foregoing instrument, being duly qualified according to law, do depose and say that we were (I was) present and saw the testator sign and execute the instrument as his Last Will; that the testator signed willingly and executed it as his free and voluntary act for the purposes therein expressed; that each subscribing witness in the hearing and sight of the testator signed the will as a witness; and that to the best of our (my) knowledge the testator was at that time 18 or more years of age, of sound mind and under no constraint or undue influence.
Sworn to or affirmed and subscribed to before me
by ________________ and ________________, witness(es), this
______ day of ______________, 19____.
________________________________
Witness
________________________________
Witness
________________________________
________________________________
(Signature of officer or attorney)
(Seal and official capacity of
officer or state of admission of
attorney)