How a Will Becomes Self-Proved
A standard witnessed will meets the basic validity requirements, but a self-proved will goes one step further. By adding sworn statements from the testator and both witnesses before an authorized officer, typically a notary public, the will essentially vouches for itself. This is one of the most valuable steps in the estate planning process.
A will may be simultaneously executed, attested and made self-proved by its acknowledgment by the testator and by affidavits of the witnesses if the acknowledgment and affidavits are made before an officer authorized to administer oaths under the laws of the state in which execution occurs and are evidenced by the officer's certificate, under official seal.
A.R.S. § 14-2504(A)This can happen at the time the will is signed, or it can be done afterward. Either way, the affidavits confirm under oath that the testator signed willingly, was of sound mind, and was not under undue influence. The testator and the witnesses each provide their statements as part of the legal documents that accompany the will.
Why Self-Proving Matters During Probate
Without a self-proving affidavit, the court may need testimony from the witnesses to validate the will during the probate process. If years have passed, witnesses may be difficult to locate, may have moved out of state, or may have passed away themselves. A self-proving affidavit removes that obstacle entirely.
A signature affixed to a self-proving affidavit attached to a will is considered a signature affixed to the will, if necessary to prove the will's due execution.
A.R.S. § 14-2504(C)This provision also serves as a safety net. If there is any question about whether a signature on the will itself is valid, a signature on the attached affidavit counts as a signature on the will. It is a small detail that can prevent significant headaches during estate settlement.
Under Arizona law, having the testator sign the will and the affidavit at the same time, in front of a notary public, is the most efficient approach. It turns what could be a multi-step process into a single appointment. For families going through probate, a self-proved will means fewer delays, lower costs, and less stress.