Self-Proving Affidavit Massachusetts — What It Is and Why Your Will Needs One

Your Massachusetts will is legally valid without a notary. Two witnesses and a signature are enough under M.G.L. c. 190B, § 2-502. But "legally valid" and "easy to probate" are two different things — and the difference between them is a self-proving affidavit.

Without this single additional step at signing, your executor may spend months and thousands of dollars tracking down witnesses to prove your will was properly executed.

What a Self-Proving Affidavit Does

A self-proving affidavit is a sworn statement attached to your will, signed by you and both witnesses before a notary public. It confirms three things:

1. You are the testator and you signed the will voluntarily.
2. You were at least 18 years old and of sound mind at the time of signing.
3. Both witnesses observed your signature or your acknowledgment of it.

Under M.G.L. c. 190B, § 3-406, a will accompanied by a self-proving affidavit creates a legal presumption that all execution requirements were met. The probate court accepts the will without requiring witness testimony, depositions, or a hearing.

What Happens Without One

If your will lacks a self-proving affidavit, your executor must prove to the court that the will was properly executed. That means locating both original witnesses and obtaining either their in-person testimony or signed depositions.

Ten or twenty years can pass between when you sign your will and when your executor needs those witnesses. In that time, witnesses move, change names, develop memory issues, or die. If neither witness can be found, the court requires additional evidence — sworn statements from people who can identify your signature, for example — and may require formal probate proceedings.

Informal probate, the faster and less expensive track, typically requires a self-proving affidavit. Without one, your executor is looking at formal probate: higher filing fees ($405 vs. $390), mandatory court hearings, and potentially months of additional delay.

How to Execute the Affidavit

The self-proving affidavit should be signed at the same time as the will itself, in a single signing ceremony:

1. You sign the will in the presence of both witnesses.
2. Both witnesses sign the will.
3. All three of you — testator and both witnesses — sign the self-proving affidavit before a notary public.
4. The notary notarizes the affidavit (not the will itself).

The critical distinction: you are not notarizing the will. Massachusetts wills do not require notarization. The notary's seal goes on the affidavit, which is a separate document attached to the will. Confusing the two is one of the most common errors people make when preparing their estate documents.

Common Mistakes

Notarizing after the signing ceremony. The affidavit must be signed and notarized during the same event as the will signing. You cannot sign your will on Monday and take the affidavit to a notary on Friday — the notary must witness all three signatures in real time.

Using a witness as the notary. A notary who also serves as one of the two required witnesses creates a procedural conflict. Use two witnesses plus a separate notary — three people total besides yourself.

Attaching a generic affidavit form. The affidavit must conform to the requirements of M.G.L. c. 190B, § 2-504. A generic notary acknowledgment or a form designed for another state will not satisfy the Massachusetts statute.

Where to Find a Notary

Massachusetts notary services are widely available:

• Banks and credit unions — most branches offer free notary services to account holders
• UPS Store and FedEx Office — typically charge $5 to $15 per notarized document
• Mobile notaries — will come to your home, useful for elderly or homebound testators
• Law offices — most attorneys have notaries on staff

The notarization itself costs nothing under Massachusetts law; notaries may charge a small service fee.

The Two-Minute Investment That Saves Months

Adding a self-proving affidavit to your will takes roughly two minutes during your signing ceremony. It costs nothing if your bank notarizes for free, or at most $15 at a shipping store.

The alternative — your executor spending weeks or months trying to locate witnesses from years or decades ago — is one of the most preventable delays in Massachusetts probate.

The Massachusetts Estate Planning Kit includes the complete self-proving affidavit formatted to M.G.L. c. 190B, § 2-504 requirements, along with a signing-day checklist that ensures every step is completed in the correct order.

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