What does it mean for a will to be self-proving? What happens if the will is not self-proving?

What does it mean for a will to be self-proving?

For a will to be considered self-proving, it must contain specific wording related to and including two witnesses and a notary.  

Pursuant to Statute 3B:3-4 "Making will self-proved at time of execution", a will may be simultaneously executed, attested, and made self-proved, by acknowledgment thereof by the testator and affidavits of the witnesses, each made before an officer authorized pursuant to R.S.46:14-6.1 to take acknowledgments and proofs of instruments entitled to be recorded under the laws of this State, in substantially the following form:

I, .........., the testator, sign my name to this instrument this .... day of ......., 20..., and being duly sworn, do hereby declare to the undersigned authority that I sign and execute this instrument as my last will and that I sign it willingly (or willingly direct another to sign for me), that I execute it as my free and voluntary act for the purposes therein expressed, and that I am 18 years of age or older, of sound mind, and under no constraint or undue influence.

.........................................
Testator

We,............., the witnesses, sign our names to this instrument, and, being duly sworn, do hereby declare to the undersigned authority that the testator signs and executes this instrument as the testator's last will and that the testator signs it willingly (or willingly directs another to sign for him), and that each of us, in the presence and hearing of the testator, hereby signs this will as witness to the testator's signing, and that to the best of our knowledge the testator is 18 years of age or older, of sound mind, and under no constraint or undue influence.

........................................
Witness

........................................
Witness


The State of................

County of...................

Subscribed, sworn to and acknowledged before me by ................, the testator and subscribed and sworn to before me by ............ and ............., witnesses, this ............. day of.................

(Signed).............................  (Notary / Attorney) with stamp/seal


What happens if the will is NOT self-proving?

If the proper wording is present with the signatures of the testator and of two witnesses, but the will has not been notarized OR the notary paragraph is lacking/contains errors OR one of the witnesses has also acted as the notary, the executor would need to find and contact one of the witnesses and ask them to visit the Surrogate's Court to sign a proof.  

If the will has been properly notarized, but is lacking the proper attestation wording by the witnesses, then both witnesses may need to sign proofs.

This can sound confusing, but we can help.  Please contact the Surrogate's Court for assistance on this process at 908-788-1156.


Show All Answers

1. Do I need an attorney for this process?
2. If there is no will, then who gets what?
3. What do I do with a vehicle registered only in the decedent's name?
4. What does it mean for a will to be self-proving? What happens if the will is not self-proving?
5. The decedent hasn't spoken to closest next of kin for years. Do I still have to tell the Surrogate's Court about them?
6. What are my duties as executor or administrator?
7. Who is considered next of kin?
8. Am I personally responsible as executor/administrator for the decedent's debts?
9. What if there's not enough money in the estate to pay all debts?
10. What debts of a decedent take priority?
11. What happens if assets were left to a minor?
12. I don't think the executor or administrator is doing their job properly; what can I do?
13. The decedent is still getting social security checks. Should I call someone about this?
14. I have tax questions. Who do I contact?
15. What do I need to transfer a vehicle title?
16. Do I need to come to the Surrogate's Court if the only asset is a vehicle titled to my deceased spouse AND myself?
17. Can I obtain additional / updated estate certificates?
18. How do I obtain an EIN / Tax ID number?
19. I need to obtain a bond. Where can I get one?
20. What effect does a divorce have on a will?
21. What if I don't want my inheritance? How do I disclaim?
22. Who becomes the guardian of orphaned minors if there is no will?
23. How do I file a claim against an estate?
24. Do all states have the same probate laws?
25. What is the commission for being the representative of an estate?
26. What if the decedent died in another country?