Self-Proving Will
In real estate, a self-proving will is a legal document that includes a sworn statement signed by witnesses and the testator (the person making the will), attesting to the validity of the will without the need for further testimony or evidence in court. This sworn statement, often called a self-proving affidavit, is typically attached to the will and signed by the testator and witnesses in the presence of a notary public.
In Virginia, the validity of self-proving wills is governed by state laws outlined in the Virginia Code. Specifically, § 64.2-452 of the Virginia Code provides requirements for self-proving wills, including the form and content of the self-proving affidavit. According to Virginia law, a will may be self-proved if it meets the following criteria:
1. The testator and witnesses sign a self-proving affidavit before a notary public, affirming that the will was executed voluntarily and without undue influence.
2. The self-proving affidavit includes statements from the testator and witnesses declaring that they signed the will as witnesses and that the testator declared the document to be their last will and testament.
3. The self-proving affidavit is attached to the will and is considered part of the will for legal purposes.
By creating a self-proving will in accordance with Virginia law, the probate process can be streamlined, as the court may accept the will as valid without requiring additional testimony or evidence from witnesses. This can help ensure the testator’s wishes are carried out efficiently and effectively upon their passing.