Georgia Self-Proving Affidavit

A Georgia Self-Proving Affidavit is a legal document attached to a last will and testament that allows the will to be admitted to probate court without requiring the witnesses to appear and testify in person. Governed by Georgia Code § 53-4-24, this affidavit streamlines the probate process, saving time and expense for the executor and beneficiaries.

What Is a Self-Proving Affidavit?

When a person (the testator) creates a will in Georgia, the law requires at least two witnesses to observe the signing. A self-proving affidavit is a separate, notarized statement in which the testator and the witnesses swear under oath that the will was executed properly — that the testator signed it willingly, was of sound mind, and was not under undue influence.

Why Does Georgia Require Notarization?

Under OCGA § 53-4-24, the affidavit must be signed by the testator and the witnesses in the presence of a notary public. The notary then affixes their official seal and signs the certificate. This notarization is what gives the affidavit its legal weight — it transforms the witnesses' statements into sworn testimony that the probate court can accept without calling the witnesses to the stand.

Without a self-proving affidavit, the probate court may need to locate and depose the witnesses, which can delay the process significantly — especially if witnesses have moved, become unavailable, or passed away.

What Does the Affidavit Include?

• The testator's declaration that the document is their last will and testament
• The witnesses' confirmation that they saw the testator sign and that the testator appeared to be of sound mind
• The notary's certificate, seal, and signature verifying the oath was administered properly

When Should You Use It?

A self-proving affidavit can be executed at the same time as the will or at any later date during the lifetime of the testator and witnesses. It is highly recommended for anyone creating a will in Georgia — it is one of the simplest ways to protect your estate plan from unnecessary delays.

Where to Find the Official Form

The statutory language for the self-proving affidavit is provided directly in Georgia Code § 53-4-24. Many attorneys include it as the final page of a will package. You can also find template versions through the Georgia Superior Court Clerks' Cooperative Authority (GSCCCA).

Need this document notarized? Find a trusted notary in your area on Notary of Gwinnett.