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ESTATE PLANNING ATTORNEYS, ARVADA, CO | THE WOLLARD LAW FIRM | SINCE 1998
Our attorneys have over twenty five years of experience helping clients plan for their, and their families' futures. We offer complimentary 20-minute phone consultations in estate planning matters.
What is a self-proving will and why might I want one?
If you're researching how to sign a valid will in Colorado, you've probably come across the term "self-proving affidavit" and wondered whether you need one. Here's the plain-English version.
The short answer
A self-proving affidavit is a short, separate sworn statement — signed by you and your two witnesses, and notarized — that gets attached to your will at the time you sign it. It doesn't change what your will says or does. Its only job is to make things easier for your family later, if your will is ever questioned during probate.
How a will normally gets signed
Colorado law recognizes a few different ways to validly sign a will. The two most common are:
Notarized. You sign your will in front of a notary, who acknowledges your signature. This is quick, doesn't require outside witnesses, and Colorado law presumes a notarized will to be valid.
Witnessed, with a self-proving affidavit. You sign your will in front of two witnesses, and then you, your witnesses, and a notary all sign a self-proving affidavit confirming that everything was done properly.
Both methods produce a fully valid, legally binding will. The difference shows up only if someone later challenges the will.
Why it matters
Wills are sometimes contested — a family member may claim the will wasn't signed properly, or that the person signing it didn't have the capacity to do so. If that happens years after the signing, a court may need evidence of exactly what happened that day.Without a self-proving affidavit, a notarized will is presumed valid, but that presumption can be challenged. With a self-proving affidavit, the affidavit itself stands as sworn evidence that the will was properly executed — so there's no need to track down witnesses (who may have moved, lost touch, or passed away) and ask them to testify, sometimes decades later.
Do you actually need one?
Most people don't strictly need a self-proving affidavit — a properly notarized will is valid and holds up well in the vast majority of cases. It's worth the modest extra step if you expect any disagreement among your heirs, have a blended family, are disinheriting someone who might otherwise expect to inherit, or simply want the added peace of mind of the strongest evidentiary protection available.
How this fits into our estate planning fees
We offer both options as part of a complete, flat-fee estate plan (will, financial power of attorney, medical power of attorney, and living will/advance medical directive):$750 per person — your will is signed and notarized, without a self-proving affidavit.$950 per person — your will is signed, witnessed, and notarized with a self-proving affidavit.
Not sure which makes sense for your situation? We're happy to talk it through. Learn more about our estate planning services or give us a call at (303) 355-1141 to schedule a consultation.
This page is provided for general information only and is not legal advice. Every family's situation is different — please consult an attorney about your specific circumstances.