Self-Proving Wills — Simplifying Probate at the Register

When a will is submitted for probate in Pennsylvania, the Register of Wills must verify the testator's signature. Normally, this requires producing at least one of the original witnesses in person — they must appear before the Register (or a notary) and sign the Oath of Subscribing Witness (Bucks County Form 2.03) swearing they saw the testator sign the will.

This is where problems arise. Witnesses move away, become incapacitated, or die. If a subscribing witness is unavailable, the executor must file an Unavailable Witness Affidavit (Form 2.04) explaining why the witness cannot appear, then produce a different person who recognizes the testator's handwriting to sign an Oath of Non-Subscribing Witness (Form 2.05). This process costs time, money, and attorney fees — and in some cases, finding a suitable witness is genuinely difficult.

The Self-Proving Affidavit: 20 Pa.C.S. § 3132.1

A self-proving will eliminates this entire problem. Under 20 Pa.C.S. § 3132.1, if a will includes a properly executed self-proving affidavit, no witness production is required at probate — as long as there is no contest. The will is admitted to probate on the strength of the affidavit alone.

The self-proving affidavit is a separate sworn statement, typically attached to the end of the will, in which:

• The testator declares under oath that this is their will, that they signed it voluntarily, and that they are of sound mind
• The witnesses declare under oath that they saw the testator sign, that the testator appeared to be of sound mind, and that they signed as witnesses at the testator's request
• A notary public or other authorized officer administers the oath and notarizes the affidavit

The key point: the self-proving affidavit is executed at the same time as the will itself, while the testator and witnesses are all present. It takes a few extra minutes during the signing ceremony. It saves hours — and potentially hundreds of dollars — at probate.

What a Self-Proving Affidavit Does NOT Do

• It does not make the will immune from contest — challenges based on lack of testamentary capacity, undue influence, fraud, or improper execution can still be raised
• It does not change the substantive requirements for a valid will — the will must still be in writing, signed by the testator, and witnessed by two competent individuals
• It does not replace the will itself — it is a supplemental document that accompanies the will
• It does not apply to wills signed by mark — a will signed by mark can only be proved by the oath of a subscribing witness (20 Pa.C.S. § 3132(2))

Practical Implications

Every will we draft includes a self-proving affidavit. There is no reason not to include one — it costs nothing extra at execution and eliminates a significant administrative burden later. If you have an existing will that does not include a self-proving affidavit, ask your attorney whether executing one now (as a supplement to the existing will) would be appropriate.