Self-Proving Affidavit in Vermont: Does a Will Have to Be Notarized?

The short answer: no, a will does not have to be notarized to be legally valid in Vermont. But adding a self-proving affidavit — which does require a notary — can save your family months of delay during probate.

People confuse these two things constantly, and the confusion leads to real problems on both sides: some people notarize the will itself (unnecessary) while skipping the affidavit (the part that actually matters), and others skip the notary entirely because they've heard Vermont doesn't require it.

What a Self-Proving Affidavit Actually Does

Under 14 V.S.A. § 108, a self-proving affidavit is a sworn statement attached to your will, signed by you and both witnesses before a notary public. It confirms that:

• You executed the will freely and voluntarily as your last will
• You were of sound mind and at least 18 years old
• Each witness signed at your request, in your presence, and in each other's presence

When the probate court receives a will with a valid self-proving affidavit, it can admit the will to probate without locating your witnesses or requiring their testimony. The affidavit itself serves as the proof of proper execution.

Without the affidavit, the court must obtain sworn statements from at least one of the subscribing witnesses confirming they watched you sign. If your witnesses have moved out of state, become incapacitated, or died, this can add significant time and expense to probate administration.

The Will vs. the Affidavit: Two Separate Documents

Think of them as serving different purposes:

The will is the legal instrument that directs how your assets are distributed. Under 14 V.S.A. § 5, it must be written on physical paper, signed by you, and witnessed by two credible, disinterested adults who sign in your presence and in each other's presence. No notary required for the will itself.

The affidavit is an administrative shortcut that speeds up probate. It's a separate page (or pages) attached to the will, and it's the only part that requires a notary. The notary doesn't witness the will — they witness you and your witnesses swearing under oath that the execution formalities were properly followed.

You can execute both at the same time: sign the will in front of your two witnesses, then immediately sign the affidavit before a notary while the witnesses are still present.

Are Handwritten Wills Valid in Vermont?

A handwritten will is legally valid in Vermont, but only if it meets the exact same formalities as a typed will — including the signatures of two credible, disinterested witnesses.

This is different from states like Arizona, Texas, or Virginia, which recognize "holographic" wills that are valid based on the testator's handwriting alone, even without witnesses. Vermont doesn't grant handwritten wills any special status. If you handwrite your will and don't have two witnesses sign it, it's invalid regardless of how clearly it states your wishes.

A handwritten will with proper witnesses is just as enforceable as a typed one. But adding a self-proving affidavit is even more important for handwritten wills, because courts may scrutinize handwriting authenticity — the affidavit eliminates that burden entirely.

Common Mistakes

Notarizing the will instead of creating an affidavit. A notary stamp on the will's signature page doesn't create a self-proving affidavit. The affidavit requires specific sworn language under 14 V.S.A. § 108 — it's a separate document with its own format.

Having witnesses sign at different times. Vermont requires both witnesses to sign in the testator's presence and in each other's presence. A witness who signs later, even if they observed the testator's signature, may not satisfy the statute.

Using a beneficiary as a witness. Under 14 V.S.A. § 10, any gift to a subscribing witness (or their spouse) is void unless two additional disinterested witnesses also signed. This means a will with exactly two witnesses — one of whom inherits — effectively disinherits that witness.

How to Execute It Correctly

1. Draft your will and the self-proving affidavit as a single document package
2. Schedule a signing appointment with a notary public (many banks and shipping stores offer notary services)
3. Bring your two disinterested witnesses to the appointment
4. Sign the will in front of both witnesses
5. Have both witnesses sign in your presence and each other's presence
6. All three of you then sign the self-proving affidavit before the notary, who administers the oath and applies their seal

The entire process takes about fifteen minutes. The Vermont Basic Estate Planning Kit includes the correctly formatted affidavit language that complies with 14 V.S.A. § 108.

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