(a) Proof.--Unless there is a contest with respect to the validity of the will, or unless the will is signed by mark or by another as provided in section 2502 (relating to form and execution of a will), an affidavit of witness made in conformity with this section shall be accepted by the register as proof of the facts stated as if it had been made under oath before the register at the time of probate.
(b) Acknowledgment and affidavits.--An attested will may at the time of its execution or at any subsequent date be made self-proved by the acknowledgment thereof by the testator and the affidavits of the witnesses, each made before an officer authorized to administer oaths under the laws of this Commonwealth or under the laws of the state where execution occurs, or made before an attorney at law and certified to such an officer as provided in subsection (c) and evidenced, in either case, by the officer's certificate, under official seal, attached or annexed to the will. A separate affidavit may be used for each witness whose affidavit is not taken at the same time as the testator's acknowledgment. The acknowledgment and affidavits shall in form and content be substantially as set forth in the Uniform Probate Code or as follows:
Acknowledgment
Commonwealth of Pennsylvania (or State of ____________)
County of ____________
I, ________________, the testator whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will; and that I signed it willingly and as my free and voluntary act for the purposes therein expressed.
Sworn to or affirmed and acknowledged before me
by ____________________________, the testator, this ______
day of _____________, 19____.
________________________________
(Testator)
________________________________
(Signature of officer or attorney)
(Seal and official capacity of
officer or state of admission of
attorney)
Affidavit
Commonwealth of Pennsylvania (or State of ____________)
County of ____________
We (or I), ________________ and ________________, the witness(es) whose name(s) are (is) signed to the attached or foregoing instrument, being duly qualified according to law, do depose and say that we were (I was) present and saw the testator sign and execute the instrument as his Last Will; that the testator signed willingly and executed it as his free and voluntary act for the purposes therein expressed; that each subscribing witness in the hearing and sight of the testator signed the will as a witness; and that to the best of our (my) knowledge the testator was at that time 18 or more years of age, of sound mind and under no constraint or undue influence.
Sworn to or affirmed and subscribed to before me
by ________________ and ________________, witness(es), this
______ day of ______________, 19____.
________________________________
Witness
________________________________
Witness
________________________________
________________________________
(Signature of officer or attorney)
(Seal and official capacity of
officer or state of admission of
attorney)
(c) Acknowledgment and affidavit taken before an attorney at law.--The acknowledgment of the testator and the affidavit of a witness required by subsection (b) may be made before a member of the bar of the Supreme Court of Pennsylvania or of the highest court of the state in which execution of the will occurs who certifies to an officer authorized to administer oaths that the acknowledgment and affidavit was made before him. In such case, in addition to the acknowledgment and affidavit required by subsection (b), the attorney's certification shall be evidenced by the officer before whom it was made substantially as follows:
Commonwealth of Pennsylvania (or State of ____________)
County of ____________
On this, the ________________ day of _______________, 19____, before me _________________, the undersigned officer, personally appeared ________________, known to me or satisfactorily proven to be a member of the bar of the highest court of (Pennsylvania or the state in which execution of the will took place), and certified that he was personally present when the foregoing acknowledgment and affidavit were signed by the testator and witnesses.
In witness whereof, I hereunto set my hand and official seal.
_____________________________
(Signature, seal and official
capacity of officer)
(June 24, 1976, P.L.434, No.105, eff. 60 days; Feb. 18, 1982, P.L.45, No.26, eff. imd.; Oct. 12, 1984, P.L.929, No.182, eff. imd.)
Cross References. Section 3132.1 is referred to in section 6204 of Title 42 (Judiciary and Judicial Procedure).
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES
Section 3101 - Payments to family and funeral directors
Section 3102 - Settlement of small estates on petition
Section 3122 - Payment or delivery of exemption
Section 3123 - Payment from real estate
Section 3126 - Grantee or lienholder
Section 3131 - Place of probate
Section 3132 - Manner of probate
Section 3132.1 - Self-proved wills
Section 3133 - Limit of time for probate
Section 3134 - Nuncupative wills (Repealed)
Section 3135 - Wills in foreign language
Section 3136 - Wills probated outside the Commonwealth
Section 3137 - Enforcing production of will
Section 3138 - Later will or codicil
Section 3152 - When 21 years elapsed
Section 3153 - Contents of petition
Section 3154 - Affidavit and oath
Section 3155 - Persons entitled
Section 3156 - Persons not qualified
Section 3158 - Letters of administration C.T.A
Section 3159 - Letters of administration D.B.N. or D.B.N.C.T.A
Section 3160 - Letters of administration durante minoritate, durante absentia, and pendente lite
Section 3161 - Oath of personal representative
Section 3162 - Advertisement of grant of letters
Section 3163 - Submission to jurisdiction
Section 3171 - Individual estate
Section 3172 - Register's responsibility
Section 3173 - Fiduciary estate
Section 3174 - When not required
Section 3175 - Requiring or changing amount of bond
Section 3181 - Revocation of letters
Section 3182 - Grounds for removal
Section 3183 - Procedure for and effect of removal
Section 3184 - Discharge of personal representative and surety