Understanding Affidavits of Execution
What is an affidavit of execution?
An affidavit of execution is a sworn statement that is signed by a witness to the signing of another document. The affidavit of execution confirms that the witness watched the document being signed, and usually includes details like the date of signing, the full name of the signers and witnesses, and the place of signing.
Do affidavits of execution need to be notarized?
Yes, affidavits of execution must be notarized or commissioned. The witness must sign and swear or affirm the affidavit of execution in the presence of a commissioner for taking affidavits or a notary public. The document referred to in the affidavit of execution must be signed and notarized as an exhibit to the affidavit of execution.
When you’re signing your will, it’s a good idea to have one of the witnesses complete an affidavit of execution at the time of signing. You should keep the completed affidavit of execution with the will in a safe place. When your family and executor need to probate your will in the future, they will not have to worry about tracking down one of the original witnesses to complete the affidavit of execution.
Are there other types of affidavit of execution?
Affidavits of execution may also be used when it is necessary to confirm that a person actually witnessed the signing of a document. In some jurisdictions, this is required for real estate transactions.
Affidavits of execution may also be used when a power of attorney is signed but not notarized. Many financial institutions require powers of attorney to be witnessed and signed by a notary. If a person has a power of attorney that is not notarized, it may be possible to have one of the witnesses complete an affidavit of execution instead of redoing the powers of attorney altogether.
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