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Fillable Self-Proving Affidavit Template for California

The California Self-Proving Affidavit is a legal document that allows a testator's will to be validated without requiring witnesses to testify in court. This form simplifies the probate process by providing a sworn statement from the witnesses, affirming the testator's capacity and the voluntary nature of the will. If you're ready to streamline your estate planning, consider filling out the form by clicking the button below.

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Overview

The California Self-Proving Affidavit form serves as an important tool in the estate planning process, providing a way to streamline the validation of a will. This form allows testators, or those creating a will, to affirm their intentions and the authenticity of their signatures in the presence of witnesses. By including this affidavit, the need for witnesses to testify in court can be eliminated, which simplifies the probate process significantly. The form is designed to be straightforward, ensuring that the necessary information is clearly laid out, including details about the testator, witnesses, and the date of signing. Additionally, it requires the notarization of the signatures, further enhancing the document's validity. Understanding how to properly complete and utilize this form can provide peace of mind, knowing that one's final wishes will be honored without unnecessary complications.

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California Self-Proving Affidavit

This document is prepared in accordance with the California Probate Code Section 8220, to affirm the authenticity of the will to which it is attached. By completing this affidavit, the will is presumed to be validly executed without the need for further witness testimony during the probate process.

State of California
County of _______________

I/We, the undersigned witness(es), under penalty of perjury, declare the following:

The Testator, ______________________, declared to us that the accompanying document is their last will and testament.
The Testator willingly signed and executed the document in our presence.
The Testator appears to be of sound mind and not under duress, fraud, or undue influence.
We, the witnesses, are of legal age and mentally competent to serve as witnesses.
We understand this will and witnessed the Testator’s signing or acknowledgment of the will.
Neither of us is named as a beneficiary in the will, to the best of our knowledge.

Further attestation:

Witness 1 Name: ______________________
Witness 1 Signature: ______________________
Date Signed: ______________________

Witness 2 Name: ______________________
Witness 2 Signature: ______________________
Date Signed: ______________________

Subscribed and sworn to before me this ______ day of _________, 20____.

Notary Public Name: ______________________
Notary Public Signature: ______________________
My commission expires on: ______________________.

⇓ Self-Proving Affidavit PDF Form

File Characteristics

Fact Name	Description
Purpose	The California Self-Proving Affidavit form is used to simplify the probate process by allowing a will to be accepted without the need for witnesses to testify.
Governing Law	This form is governed by California Probate Code Section 6110.
Signature Requirement	The testator must sign the affidavit in the presence of a notary public or two witnesses.
Notary Involvement	A notary public must acknowledge the signatures on the affidavit to validate it.
Effectiveness	This affidavit makes the will self-proving, which can expedite the probate process.
Form Availability	The California Self-Proving Affidavit form is widely available online and through legal stationery providers.
Usage Context	It is commonly used in conjunction with a will, ensuring that the testator's wishes are honored without additional court proceedings.

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