A self-proving will in Utah includes a sworn affidavit signed by the testator and witnesses before a notary public, as authorized by Utah Code Section 75-2-504. The affidavit serves as prima facie evidence that the will was properly executed, allowing the will to be admitted to probate without requiring the witnesses to appear in court or provide additional testimony.
Last updated: July 2026
Key Takeaways
- A self-proving affidavit eliminates the need for witness testimony during probate under Section 75-2-504.
- The affidavit must be notarized and signed by both the testator and the two witnesses.
- If a will lacks a self-proving affidavit, the witnesses must be located and deposed or must appear in court.
- The self-proving affidavit does not cure defects in the will’s execution. It only proves proper execution.
- Utah wills typically include the self-proving affidavit as the last page of the will document.
Probate requires the court to verify that the will presented for administration is the decedent’s valid last will. Without a self-proving affidavit, the court must hear testimony from at least one of the witnesses who signed the will. This means tracking down witnesses who may have moved, become incapacitated, passed away, or simply forgotten the signing ceremony that occurred years or decades earlier.
The self-proving affidavit solves this problem by capturing sworn witness testimony at the time the will is signed. The testator and witnesses appear before a notary and swear that the will was signed voluntarily, the testator was of sound mind, and all statutory formalities were followed. The notary’s seal authenticates the affidavit, and the probate court accepts it as sufficient proof of proper execution without further testimony.
How does the self-proving affidavit work under Utah Code Section 75-2-504?
The self-proving affidavit under Section 75-2-504 is a separate page attached to the will. It contains sworn statements from the testator and witnesses that the will was properly executed. The testator states that they signed the will willingly, that they were of sound mind, and that they were not acting under duress or undue influence. Each witness states that the testator signed in their presence, that they signed in the testator’s presence, and that the testator appeared to be of sound mind.
The notary then notarizes the affidavit, confirming that the testator and witnesses personally appeared, were properly identified, and swore to the statements. The completed affidavit creates a presumption that the will was validly executed. A party contesting the will must then present evidence to overcome this presumption, shifting the burden of proof to the contestant.
What happens if there is no self-proving affidavit on a Utah will?
If a will lacks a self-proving affidavit, the probate court still accepts the will for probate, but the process is more burdensome. The personal representative must locate the witnesses and obtain their testimony, either through sworn affidavits or live testimony. If a witness is unavailable, the court may accept other evidence of proper execution, but this complicates and delays the probate proceeding.
If witnesses are deceased, incompetent, or cannot be located after diligent search, Utah law allows the court to admit the will based on other evidence, such as testimony from people present at the signing or handwriting analysis. However, this requires a court hearing and additional legal work. In extreme cases, the will may be denied probate if the proponent cannot prove proper execution.
Can the self-proving affidavit be added to an existing will in Utah?
Yes. A self-proving affidavit can be signed at any time after the will is executed, as long as the testator still has testamentary capacity. The testator and the original witnesses must sign the affidavit before a notary. If a witness is unavailable, the testator may need to locate substitute witnesses or execute a new will with a self-proving affidavit attached.
Adding a self-proving affidavit to an existing will is simpler than executing a new will, but it still requires coordination with the original witnesses. If the witnesses cannot be located, the testator should consider executing a new will with new witnesses and a self-proving affidavit attached. This avoids reliance on witnesses who may be difficult to find later.
Under Utah Code Section 75-2-504, a self-proving affidavit creates prima facie evidence of proper will execution and eliminates the need for witness testimony in probate court.
Does a self-proving affidavit prevent will contests in Utah?
A self-proving affidavit does not prevent will contests, but it makes them harder to win. The affidavit creates a legal presumption that the will was validly executed and that the testator had capacity and was not unduly influenced. A contestant must overcome this presumption with clear and convincing evidence, which is a higher burden than the preponderance standard that applies without the affidavit.
Common contest grounds that survive a self-proving affidavit include claims that the testator lacked testamentary capacity at the time of signing, that the testator was subject to undue influence, or that the will was procured by fraud. The affidavit makes the witnesses’ testimony less critical because their sworn statements are already on record. Contestants must present independent evidence to overcome the affidavit’s presumption.
Does Utah require a self-proving affidavit for a valid will?
No. Utah does not require a self-proving affidavit for a valid will. A will that is properly signed and witnessed under Section 75-2-502 is valid and enforceable even without an affidavit. The affidavit is a procedural convenience that streamlines probate by eliminating the need for witness testimony at the time of probate.
Despite not being required, virtually every Utah estate planning attorney includes a self-proving affidavit in every will they prepare. The additional cost is negligible, and the benefit to the testator’s family is substantial. Wills without self-proving affidavits are commonly referred to as witnessed wills that lack self-proving status, and they subject the estate to additional probate costs and delays.
| Feature | With Self-Proving Affidavit | Without Self-Proving Affidavit |
|---|---|---|
| Witness testimony at probate | Not required | Required |
| Probate cost | Lower | Higher |
| Burden of proof for contest | Clear and convincing evidence | Preponderance of evidence |
| Notarization required | Yes (for the affidavit) | No |
| Prima facie validity | Yes | No |
Frequently Asked Questions
Can a self-proving affidavit be signed after the testator dies in Utah?
No. The affidavit must be signed by the testator while they are alive. After death, the affidavit cannot be created, but the will may still be admitted to probate through witness testimony.
Does a self-proving affidavit need to be a separate document in Utah?
Yes. The affidavit should be a separate page attached to the will. It is not part of the will itself but is an ancillary document that proves the will’s execution.
Can a notary also serve as a witness for the will in Utah?
Yes. A notary can serve as one of the two witnesses and also notarize the self-proving affidavit. This is common practice in Utah estate planning.
What happens if a witness to the self-proving affidavit later recants?
The witness’s later statement contradicts their sworn affidavit. The probate court weighs the evidence and may consider the recantation in determining whether to admit the will.
Is a self-proving affidavit valid for a holographic will in Utah?
Holographic wills do not require witnesses, so a self-proving affidavit serves a different purpose. It can be used to prove the authenticity of the handwriting if the holographic will is challenged.
Does a self-proving affidavit expire in Utah?
No. A self-proving affidavit remains valid indefinitely. It does not expire and does not need to be renewed as long as the will remains in effect.
Can a self-proving affidavit be used for a trust in Utah?
No. Self-proving affidavits apply only to wills under Section 75-2-504. Trusts have their own execution standards under the Utah Uniform Trust Code.
Does every state accept a Utah self-proving affidavit?
Most states that have adopted the Uniform Probate Code accept self-proving affidavits from other states. However, some non-UPC states may require additional proof of execution for out-of-state wills.
Should my Utah will include a self-proving affidavit?
Every Utah will should include a self-proving affidavit. The minimal added cost of preparing and notarizing the affidavit is far outweighed by the probate savings it provides. Without an affidavit, the estate’s personal representative may need to locate witnesses who have moved or are unwilling to cooperate, requiring court intervention and additional legal fees.
If you currently have a will that lacks a self-proving affidavit, ask your Utah estate planning attorney whether the affidavit can be added without executing a new will. If the original witnesses are available, adding the affidavit is straightforward. If not, updating your will with a new execution ceremony and self-proving affidavit is a wise investment.
Planning your estate in Utah? Jeremy D. Eveland, MBA, JD, can help you create a comprehensive estate plan that protects your legacy and your loved ones.
Call (801) 613-1472 or visit jeremyeveland.com to schedule a consultation today.
This article is for informational purposes only and does not constitute legal advice. Consult with a qualified Utah estate planning attorney for advice specific to your situation.
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