Self-Proving Affidavit

It does indeed require an oath, but what kind of oath? That is actually the subject of another thread I started almost 2 years ago. I have also been corresponding with Vermont Deputy Secretary of State Chris Winters because there is a bill in the Vermont House which may update Vermont’s version of RULONA to the latest version.

The law, and the issue, is the same in WA and VT. If the notarial act is just an oath, and not a verification, there is no short form certificate. There are different opinions, in this case, about whether or not a notary has to establish the identity of the oath-takers. If the notary does have to check, the notary has to write that in the certificate.

On the other hand, it might be a verification on oath or affirmation. “Affidavit” is sometimes considered a synonym for verification on oath or affirmation, but it isn’t clear that a self-proving affidavit fits the definition. If it is a verification, then there is a short form certificate and the notary certainly must establish the identity of the oath-takers.

If I had to do a self-proving affidavit before this issue is clarified, I would probably look at the ID of the oath takers and use an oath certificate that says something like

Before me on February 20, 2022, appeared Ira Allen and Ethan Allen, who are known to me through satisfactory evidence, which was unexpired Vermont driver licenses, and I administered the aforementioned oaths to them.

DISCLAIMER: When I write that it definitely requires an oath, I mean that if I needed to make out a will and the attorney creating it wanted the witnesses to acknowledge the self-proving affidavit, I would pack up my papers and find a new lawyer. What readers of the forum do is up to them. This is just a discussion of pending legislation, not legal advice.