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What is a self-proving affidavit in relation to a last Will and Testament?

What is a self-proving affidavit in relation to a last Will and Testament?

Full question:

I have purchased, downloaded, and printed your last will and Testament for the state of Maryland. Included is a self-proving affidavit. We have completed the will's and are ready for witnessing and signatures, notary, etc...but are unsure about the self-proving affidavit on the last page. Can you explain what I need to do to finalize this process? We went to a notary but because we didn't have attorney information for that last page they wouldn't sign it. We do not have a family attorney. Is this necessary?

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

Answer:

Maryland doesn't require that an attorney prepare a will. The reference to an attorney may be deleted.

The following are Maryland statutes:

§ 5-303 EST. & TRUSTS Assumption of due execution of will.

The register shall assume due execution of the will:

(1) If the will appears to have been duly executed and contains a
recital by attesting witnesses of facts constituting due execution; or
(2) If it does not so appear, or if the will does not contain that
recital, then upon the verified statement of a person with personal
knowledge of the circumstances of execution whether or not the person was
in fact an attesting witness.

(An. Code 1957, art. 93, § 5-303; 1974, ch. 11, § 2.)

§ 4-102 EST. & TRUSTS General requirements of wills.

Except as provided in §§ 4-103 and
4-104, every will shall be (1) in writing, (2) signed
by the testator, or by some other person for him, in his presence and by
his express direction, and (3) attested and signed by two or more
credible witnesses in the presence of the testator.

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

Is an affidavit valid if not notarized?

In general, an affidavit is a written statement confirmed by oath or affirmation. However, for an affidavit to be considered valid in many jurisdictions, including Maryland, it typically needs to be notarized. Notarization adds a layer of authenticity and is often required for the affidavit to be accepted in legal proceedings. Without notarization, the affidavit may not hold the same weight or credibility. It's best to check the specific requirements for your situation.

Does a will need to be witnessed in Maryland?

Yes, in Maryland, a will must be witnessed to be valid. It needs to be signed by the testator and attested by at least two credible witnesses who are present at the same time. This requirement helps ensure the authenticity of the will and protects against potential disputes after the testator's death. Without the necessary witnesses, the will may not be considered valid under Maryland law.

How do I make a will valid in Maryland?

To make a will valid in Maryland, it must be in writing, signed by the testator, and witnessed by at least two credible witnesses who are present at the same time. Additionally, the testator must be of sound mind when creating the will. Following these steps ensures that the will meets the legal requirements for validity under Maryland law (Md. Code, Est. & Trusts § 4-102).

Does a self-proving affidavit need to be notarized?

Yes, a self-proving affidavit typically needs to be notarized to be valid. This affidavit is a statement that confirms the authenticity of the will and the signatures of the witnesses. Notarization helps streamline the probate process by providing evidence of the will's validity without requiring witnesses to testify in court. However, the will itself remains valid even without a self-proving affidavit.

Does a self-proving affidavit have to be notarized?

Yes, a self-proving affidavit generally must be notarized in order to be effective. The notarization process verifies the identities of the signers and adds credibility to the document. This is particularly important because the self-proving affidavit serves to simplify the probate process by confirming the validity of the will without requiring witness testimony. Always ensure that this affidavit is properly notarized to avoid potential issues.

Is a copy of a will valid in Maryland?

In Maryland, a copy of a will may be considered valid if it is a true and accurate representation of the original will. However, for probate purposes, the original signed will is typically required. If the original is lost or destroyed, the court may accept a copy, but you will need to provide evidence of the original will's contents. It's advisable to keep the original will in a safe place to avoid complications.