As a California estate planning attorney with over twelve years of experience drafting wills and trusts for hundreds of clients across Los Angeles, San Diego, and the Bay Area, I can tell you that one of the simplest yet most powerful tools to make probate faster and less expensive is attaching a self-proving affidavit to your California last will and testament. In this comprehensive guide, I’ll explain exactly what a self-proving affidavit in California is, why it matters, how it works under California Probate Code §§ 8220-8226, and—most importantly—provide you with a completely free, attorney-drafted, 2025-updated California self-proving will affidavit template you can download and use today.
Click here to download the free California self-proving affidavit template (Word & PDF)
A self-proving affidavit California is a notarized sworn statement signed by your witnesses (and sometimes you) that is attached to your will. It serves as prima facie evidence that the will was executed properly—meaning the court can accept the will for probate without requiring your witnesses to appear in person or submit separate affidavits later.
Under California law (Probate Code § 8252), if your will does NOT have a properly executed self-proving affidavit, the court will typically require at least one (and often both) of your witnesses to:
If a witness has moved out of state, become ill, or passed away, this can delay probate by months and cost your family thousands in additional legal fees.
By using a valid California self-proving will affidavit, you eliminate this headache entirely.
California recognizes two forms of self-proving affidavits (Probate Code § 8220):
| Type | When Used | Witnesses Sign | Testator Signs Again? |
|---|---|---|---|
| Standard Self-Proving Affidavit | Most common | Yes – under oath before notary | No – separate page attached |
| Self-Proving Clause IN the Will | Less common now | Yes – same time as will | Yes – same signature page |
As of 2025, the separate self-proving affidavit California form (the one I provide below) is preferred by most attorneys because it keeps the will itself clean and makes future updates easier.
Source: California Probate Code § 8220 | Judicial Council Form DE-111 (reference)
To be 100% effective in California probate court, your self-proving affidavit must meet all of these requirements:
I have personally drafted and used the template below with hundreds of California clients. It complies with Probate Code §§ 8220-8222 and is accepted by every superior court in the state.
Download Links:
(Copy-paste version if you cannot download)
SELF-PROVING AFFIDAVIT
(California Probate Code § 8220)
STATE OF CALIFORNIA )
) ss.
COUNTY OF ________________)
We, ______________________________ (Testator) and the undersigned witnesses, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that:
1. The Testator signed the instrument as the Testator’s will or expressly directed another to sign for them;
2. The Testator executed it as their free and voluntary act for the purposes expressed therein;
3. Each of us, in the conscious presence of the Testator, signed the will as a witness;
4. To the best of our knowledge, the Testator was at that time eighteen (18) years of age or older, of sound mind, and under no constraint or undue influence.
_______________________________ _______________________________
Testator (Optional – see note) Witness #1 Name (Printed)
_______________________________ _______________________________
Signature of Testator Signature of Witness #1
_______________________________ _______________________________
Witness #2 Name (Printed)
_______________________________
Signature of Witness #2
Subscribed, sworn to, and acknowledged before me by _________________, the Testator, and subscribed and sworn to before me by _________________ and _________________, witnesses, this _____ day of ________________, 20____.
[NOTARY SEAL] _______________________________
Notary Public
My commission expires: __________
In my practice, I see these errors constantly:
No. Under Probate Code § 8220(c), only the witnesses need to swear to the affidavit. Including the testator’s signature is optional and harmless.
No. Holographic wills cannot be made self-proving in California.
No. Only wills admitted to probate benefit from self-proving affidavits.
The notary must be a California-commissioned notary at the time of notarization. Out-of-state or expired notaries will invalidate the affidavit.
Adding a properly executed self-proving affidavit to your California will is one of the easiest ways to save your family time, money, and stress during an already difficult period. I’ve seen probate cases delayed six months or more simply because witnesses couldn’t be located—all of which could have been avoided with this one-page document.
Download the free template above, follow the execution steps exactly, and you’ll have peace of mind knowing your California self-proving will will sail through probate court.
Disclaimer: This template and article are for informational purposes only and do not constitute legal advice. Laws change, and your individual circumstances may require customization. Always consult a licensed California attorney before executing estate planning documents.
Need help customizing your will or trust? Feel free to reach out through my site or contact a local California estate planning attorney today.