What the rule says
Pennsylvania allows a will to be made self-proved through procedures specified in 20 Pa.C.S. § 3132.1. A self-proved will eliminates the need for witnesses to authenticate the testator's signature when the will is presented for probate.
The self-proving procedure has two basic forms:
1. Acknowledgment by the testator and affidavits by witnesses. The testator acknowledges the will before a notary or other officer authorized to administer oaths, and two witnesses sign affidavits also before the notary. The acknowledgment and affidavits state that the testator signed the will, that the witnesses observed or were aware of the signing, and other formalities as required by the statute. 2. Affidavit of attesting witnesses to a will signed by the testator before them. When witnesses observed the testator sign the will at execution, they may sign affidavits before a notary stating those facts and the will's authenticity.
In both cases, the resulting affidavits are attached to or incorporated into the will and are filed with the will at probate. The Register of Wills accepts the affidavits as the equivalent of live witness testimony, allowing probate to proceed without locating the witnesses.
Why self-proving matters in Pennsylvania specifically
Pennsylvania's unusual position — no witnesses required at execution but two witnesses required at probate — makes self-proving particularly valuable. Without it, the executor must find two witnesses to authenticate the signature when the will is offered for probate, even if no witnesses were present when the will was signed.
The self-proving will resolves this by creating, at execution, the equivalent of the witness testimony that would otherwise be needed years later. The testator and witnesses appear before a notary, swear to the relevant facts, and sign affidavits. Those affidavits become permanent proof of the will's authenticity and execution.
The practical benefit:
- Probate proceeds without finding witnesses. Witnesses who have died, moved away, or become unavailable cause no delay. - The testator's signature is authenticated at execution. The notary's involvement provides independent verification that the testator was present, of sound mind (to the notary's observation), and signed willingly. - The will is more difficult to challenge. Self-proving creates a strong presumption of valid execution and authentic signature, which challengers must overcome with clear evidence.
What this means in practice
For most Pennsylvania wills, a self-proving affidavit is the standard practice — even though witnesses are not required at execution. Pennsylvania estate-planning attorneys typically arrange for a notary at the will signing, with two witnesses present, and have everyone sign self-proving affidavits at the same time.
Key practical points:
- A self-proving affidavit can be added at any time after execution. A will originally executed without a self-proving affidavit can be made self-proved later by having the testator and witnesses appear before a notary and sign the appropriate affidavits. The affidavits are then attached to the will. This requires the testator to still be available; if the testator is deceased, the self-proving procedure cannot be completed. - Witnesses are still required for the self-proving affidavit. Even though a Pennsylvania will requires no witnesses at execution, the self-proving affidavit procedure requires witnesses. To benefit from self-proving, witnesses should be involved at execution. - A defective self-proving affidavit does not invalidate the will. If the affidavit fails to meet § 3132.1 requirements, the will is still valid (assuming it complies with § 2502), but the executor must prove the will at probate the traditional way — by finding witnesses to authenticate the signature. - Foreign self-proved wills are honored. A will validly self-proved under another state's law is honored in Pennsylvania probate.
What you can do about it
For any new Pennsylvania will:
- Add a self-proving affidavit at execution. Coordinate the testator, two witnesses, and a notary to sign the will and the affidavits at one appointment. - Use the statutory form or substantially equivalent language. Pennsylvania's model form is sufficient when followed. - Verify the notary's commission. A notary whose commission has expired cannot validly notarize the affidavits.
For an existing Pennsylvania will without a self-proving affidavit:
- Add the affidavit if witnesses are still available. Have the testator and the original witnesses (or new witnesses, if the testator is signing a new acknowledgment) appear before a notary and sign the appropriate affidavits. - If witnesses are unavailable, consider re-executing. A new will with new witnesses and a new self-proving affidavit is the most reliable resolution.
For a will originally signed without witnesses, the practical path is to either find two people who knew the testator and recognize the signature (for traditional probate proof) or to have the testator execute a new will with witnesses and self-proving — the latter being far more reliable.
Who this affects most
A self-proving will is most consequential for:
- Pennsylvania testators whose wills will be probated many years after execution - Estates where witnesses to the original execution have died or become unavailable - Households where the executor lives out of state and would otherwise need to coordinate witness testimony in Pennsylvania probate - Wills originally signed without witnesses (relying on Pennsylvania's permissive execution rule) — these wills particularly benefit from being made self-proved later if the testator is still living
The self-proving procedure is one of Pennsylvania's most useful estate-planning tools. It bridges the gap between Pennsylvania's permissive execution rules and its stricter probate requirements, eliminating the need to locate witnesses years after a will is signed.