Last Will And Testament Form - New York (Page 5 of 6) in pdf

- - - - Optional Self-Proving Affidavit Form - - - -

(Note: The grey box below is not a part of the Affidavit and is included for informational

purposes only. You should not include it as part of the Affidavit.)

About this Self-Proving Affidavit Form: Although a Self-Proving Affidavit is not a

requirement in the State of New York, it is an excellent idea to sign one when executing a Will. It

can greatly reduce the difficulty associated with probating the Will when the time comes. The

testator, along with three witnesses, must sign the Affidavit together in the presence of a notary

public. The Affidavit is then attached to the Will. Its basic purpose is to affirm that the Will is

that of the testator and that the will was signed and witnessed in accordance with all applicable

state requirements.

To make a self-proving Will, a testator should follow this procedure: (1) The testator should

sign the Will in the presence of the witnesses and have the witnesses sign as well; (2) A notary

public should be present at the time the Will is signed by the testator, together with all the

witnesses; (3) The testator should provide the blank Self-Proving Affidavit form below to the

notary public, or the testator should consult with the notary public to determine if a different Self-

Proving Affidavit form is recommended; (4) The testator and witnesses should complete the Self-

Proving Affidavit form in the presence of the notary public. The notary public will require the

testator and witnesses to swear to the Self-Proving Affidavit's truth and may require that photo

identification is presented; (5) Once completed, the Self-Proving Affidavit should be stapled to

the Will.

SELF-PROVING AFFIDAVIT

State of New York

County of ________________

We, ___________________________________________________________________,

___________________________________________________________________,

___________________________________________________________________, and

___________________________________________________________________, the testator

and the witnesses respectively, whose names are signed to the attached instrument in those

capacities, personally appearing before the undersigned authority and first being duly sworn, do

hereby declare to the undersigned authority under penalty of perjury that the testator declared,

signed, and executed the instrument as his/her last will; he/she signed it willingly or willingly

directed another to sign for him/her; he/she executed it as his/her free and voluntary act for the

purposes therein expressed; and each of the witnesses, at the request of the testator, in his or her

hearing and presence, and in the presence of each other, signed the will as witness and that to the

best of his or her knowledge the testator was at that time eighteen (18) years of age or older, of

sound mind and under no constraint or undue influence.

Last Will And Testament Form - New York Page 5