Self-Proving Wills in Pennsylvania

When a will is submitted for probate in Pennsylvania, the Register of Wills must verify the testator's signature. Under 20 Pa.C.S. § 3132, a will is proved by the oaths or affirmations of two competent witnesses. The original (subscribing) witnesses are not strictly required: they are preferred only to the extent they are readily available, and proof of the testator's own signature is actually preferred over that of a subscribing witness. In practice, the Register normally has two of the original witnesses appear in person before the Register (or a notary) and sign the Oath of Subscribing Witness (Form RW-03) swearing they saw the testator sign the will.

This is where problems arise. Witnesses move away, become incapacitated, or die. If a subscribing witness is unavailable, the executor must file an Unavailable Witness Affidavit explaining why the witness cannot appear, then produce a different person who recognizes the testator's handwriting to sign an Oath of Non-Subscribing Witness (Form RW-04). This process costs time, money, and attorney fees, and finding a suitable witness is sometimes genuinely difficult.

The Self-Proving Affidavit: 20 Pa.C.S. § 3132.1

A self-proving will eliminates this entire problem. Under 20 Pa.C.S. § 3132.1, if a will includes a properly executed self-proving affidavit, no witness production is required at probate , as long as there is no contest. The will is admitted to probate on the strength of the affidavit alone.

The self-proving affidavit is a separate sworn statement, typically attached to the end of the will, in which:

• The testator declares under oath that this is their will, that they signed it voluntarily, and that they are of sound mind
• The witnesses declare under oath that they saw the testator sign, that the testator appeared to be of sound mind, and that they signed as witnesses at the testator's request
• A notary public or other authorized officer administers the oath and notarizes the affidavit

The key point: the self-proving affidavit is executed at the same time as the will itself , while the testator and witnesses are all present. It takes a few extra minutes during the signing ceremony. It saves hours (and potentially hundreds of dollars) at probate.

What a Self-Proving Affidavit Does NOT Do

• It does not make the will immune from contest: challenges based on lack of testamentary capacity, undue influence, fraud, or improper execution can still be raised
• It does not change the substantive requirements for a valid will: the will must still be in writing and signed by the testator at the end (20 Pa.C.S. § 2502). While witnesses are not technically required at execution, the self-proving procedure itself requires two witnesses and a notarized affidavit, which is why it is best practice
• It does not replace the will itself. It is a supplemental document that accompanies the will
• It does not apply to wills signed by mark or by another: the self-proving procedure is unavailable for such wills (20 Pa.C.S. § 3132.1(a)). A will signed by mark must be proved by subscribing witnesses, unless the Register is satisfied that such proof cannot be obtained through reasonable diligence, in which case other proof of execution may be accepted (20 Pa.C.S. § 3132(2))

Practical Implications

Every will we draft includes a self-proving affidavit. There is no reason not to include one. It costs nothing extra at execution and eliminates a significant administrative burden later. If you have an existing will that does not include a self-proving affidavit, ask your attorney whether executing one now (as a supplement to the existing will) would be appropriate.

Legal and factual content on this page was last verified: Sep. 2026. If you are reading this significantly after that date, confirm key provisions with current statute text or contact our office.