Everyone at a bare minimum in terms of their estate planning should have a self-proving will. If you have recently come into a large sum of money or anticipate coming into a large sum of money, it is even more of a reason to have a self-proving will finalized. If you’ve never heard of this concept before, keep reading to learn more.
What’s a Self-Proving Will?
A self-proving will is one that comes with an extra amendment in the form of a sworn statement from witnesses who watched the will creator sign the will. In many states across the US, probate courts will accept this statement as proof of will validity. This eliminates the need for witnesses to come to court and testify about the will being signed.
Advantages of a Self-Proving Will
It can be impossible or difficult to find the witnesses who saw a creator sign the will and get them to come to court or put their signature on affidavits about how the will was signed years before. This is why a self-proving affidavit can be so beneficial. When a sworn statement from witnesses is attached to the will directly, those witnesses don’t have to testify in court.
Usually, these statements have to be notarized in order to be valid but they can eliminate a significant barrier when the person who created the will passes away. 
Typically, the witness will sign the self-proving affidavit at the same time that they sign the will itself, usually after watching the will creator sign it. Although self-proving wills are not available in every single state, it’s a good idea to contact your estate planning attorney to discuss options.
Why Witnesses Are Used to Prove the Validity of a Will
After an individual passes away the will is submitted to probate court and the court will usually require testimony from two adult witnesses in order to demonstrate that those witnesses;
- Saw the will maker actually sign the document
- Heard from the will maker that the document was the creator’s will
- Saw that the will maker appeared to have the necessary mental capacity to create a valid will and that he or she was acting freely without coercion from someone else
If you have questions about a self-proving will and when it might make the most sense for you to use one, contact an experienced Philadelphia attorney today.
One of the most difficult aspects of handling someone else’s estate emerges when one or more individuals challenge the will’s validity. Consider how a self-proving will can help you avoid obstacles.