What Is the Purpose of an Affidavit of Execution?

An affidavit of execution serves as a legally binding statement that a witness signs during the signing of another document. This sworn affidavit confirms that the witness personally signed of the document and typically includes details such as the signing date, full names of signatories and witnesses, and the signing location.

Is Notarization Required for Affidavits of Execution?

Yes, affidavits of execution must undergo notarization or commissioning. The witness must sign the affidavit and confirm its contents in the presence of a commissioner for taking affidavits or a notary public.

When executing your will, it’s advisable to have one of the witnesses complete an affidavit of execution during the signing process. You should keep the completed affidavit alongside the will in a secure place. This way, when your family and executor eventually need to carry out the probate process for your will, there won’t be a need to locate one of the original witnesses to fulfill the affidavit of execution requirement.

Are There Different Types of Affidavits of Execution?

Affidavits of execution are also used to validate an individual’s role as an eyewitness to the signing of a document. In certain jurisdictions, real estate transactions require this type of affidavit.

Furthermore, affidavits of execution are used when a power of attorney is signed without notarization. Many financial institutions require powers of attorney to be witnessed and notarized.