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What is a Self-Proving Affidavit for a Will in Iilinois?

What is a Self-Proving Affidavit for a Will in Iilinois?

Q: What is the meaning of self-affidavit?

A self-affidavit is a written statement made under oath, where the affiant (the person making the affidavit) declares the truth of specific facts. In the context of wills, it serves to affirm the validity of the document and the testator's mental state at the time of signing. This can help simplify the probate process.

Q: How do I make a self affidavit?

To make a self-affidavit, write a statement that includes your name, the facts you wish to affirm, and a declaration of your sound mind. Sign the document in front of a notary or witnesses, depending on your state's requirements. For Illinois, ensure it aligns with the guidelines set forth in 755 ILCS 5/6-4.

Q: What is a self-affidavit?

A self-affidavit is a document where an individual declares certain facts to be true while under oath. It is often used in legal contexts, such as affirming the validity of a will. The affidavit must be signed in front of a notary or witnesses to be legally binding, ensuring the statements made are credible.

Full question:

I want a self-proving affidavit to attach to my will. Is is called something else. I can't find a form Can you email a self-proving affidavit form to me

Category: Wills and Estates
Date: 04/07/2025
State: Illinois

Answer:

In Illinois, two witnesses may sign an affidavit regarding the signning of the will in order to avoid having to give testimony personally in court regarding the execution of the will. Please see our will forms at the link below. If you select one that doesn't have an affidavit, please let me know, as I believe almost all include the affidavit. We do not offer the affidavit separately, but if you wish to purchase only the affidavit, I can have the form prepared separately for you.

Please see the following IL statute:

(755 ILCS 5/6‑4) (from Ch. 110 1/2, par. 6‑4)
Sec. 6‑4. Admission of will to probate ‑ testimony or affidavit of witnesses.) (a) When each of 2 attesting witnesses to a will states that (1) he was present and saw the testator or some person in his presence and by his direction sign the will in the presence of the witness or the testator acknowledged it to the witness as his act, (2) the will was attested by the witness in the presence of the testator and (3) he believed the testator to be of sound mind and memory at the time of signing or acknowledging the will, the execution of the will is sufficiently proved to admit it to probate, unless there is proof of fraud, forgery, compulsion or other improper conduct which in the opinion of the court is deemed sufficient to invalidate or destroy the will. The proponent may also introduce any other evidence competent to establish a will. If the proponent establishes the will by sufficient competent evidence, it shall be admitted to probate, unless there is proof of fraud, forgery, compulsion or other improper conduct which in the opinion of the court is deemed sufficient to invalidate or destroy the will.
(b) The statements of a witness to prove the will under subsection 6‑4(a) may be made by (1) testimony before the court, (2) an attestation clause signed by the witness and forming a part of or attached to the will or (3) an affidavit which is signed by the witness at or after the time of attestation and which forms part of the will or is attached to the will or to an accurate facsimile of the will.
(Source: P.A. 81‑213.)

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Where can I get a self-proving affidavit?

You can obtain a self-proving affidavit from various sources, including legal form websites, local attorney offices, or state-specific legal aid organizations. Many online legal platforms offer templates that comply with your state's laws. If you need a specific form for Illinois, consider reaching out to a local attorney who can provide a customized affidavit that meets your needs.

How to write a self-affidavit?

To write a self-affidavit, start by clearly stating your name and address. Include a declaration that you are of sound mind and that the affidavit is made voluntarily. Then, outline the facts you wish to affirm, and have it signed in front of a notary public or two witnesses. In Illinois, ensure it complies with the legal requirements set forth in 755 ILCS 5/6-4.

What is the meaning of self-affidavit?

How to make a self-proving affidavit?

To create a self-proving affidavit, you must include a statement confirming that the testator signed the will in the presence of two witnesses. Each witness must also sign the affidavit, attesting that they observed the signing and believe the testator was of sound mind. It's advisable to follow the format required by Illinois law (755 ILCS 5/6-4) to ensure its validity.