§ 524.2-504 — Self-proved Will
Plain-Language Summary
A self-proved will is one that includes sworn statements from the person making the will and the witnesses, signed in front of a notary or other authorized officer. This makes it easier to accept the will in probate court because the witnesses do not need to testify later.
524.2-504 SELF-PROVED WILL.
(a) A will may be contemporaneously executed, attested, and made self-proved, by acknowledgment thereof by the testator and affidavits of the witnesses, each made in the presence of an officer authorized to administer oaths under the laws of the state in which execution occurs and evidenced by the officer’s certificate, under official seal, in substantially the following form:
I, …………….., the testator, sign my name to this instrument this …….. day of …………….., and being first duly sworn, do hereby declare to the undersigned authority that I sign and execute this instrument as my will and that I sign it willingly (or willingly direct another to sign for me), that I execute it as my free and voluntary act for the purposes therein expressed, and that I am 18 years of age or older, of sound mind, and under no constraint or undue influence.
| . | |
|---|---|
| Testator |
We, …………….., …………….., the witnesses, sign our names to this instrument, being first duly sworn, and do hereby declare to the undersigned authority that the testator signs and executes this instrument as the testator’s will and that the testator signs it willingly (or willingly directs another to sign for the testator), and that each of us, in the presence and hearing of the testator, hereby signs this will as witness to the testator’s signing, and that to the best of our knowledge the testator is 18 years of age or older, of sound mind, and under no constraint or undue influence.
| . | |
|---|---|
| Witness | |
| . | |
| Witness |
State of .
County of .
Subscribed, sworn to, and acknowledged in my presence by …………….., the testator, and subscribed and sworn to in my presence by …………….., and…………….., witnesses, this …….. day of …………., ………
(Seal)
| | (Signed)
| . | ||
|---|---|---|
| . | ||
| (Official capacity of officer) |
(b) An attested will may be made self-proved at any time after its execution by the acknowledgment thereof by the testator and the affidavits of the witnesses, each made in the presence of an officer authorized to administer oaths under the laws of the state in which the acknowledgment occurs and evidenced by the officer’s certificate, under the official seal, attached or annexed to the will in substantially the following form:
State of .
County of .
We, …………….., …………….., and …………….., the testator and the witnesses, respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the testator signed and executed the instrument as the testator’s will and that the testator had signed willingly (or willingly directed another to sign for the testator), and that the testator executed it as the testator’s free and voluntary act for the purposes therein expressed, and each of the witnesses, in the presence and hearing of the testator, signed the will as witness and that to the best of the witness’ knowledge the testator was at the time 18 years of age or older, of sound mind, and under no constraint or undue influence.
| . | |
|---|---|
| Testator | |
| . | |
| Witness | |
| . | |
| Witness |
Subscribed, sworn to, and acknowledged in my presence by …………….., the testator, and subscribed and sworn to in my presence by …………….., and…………….., witnesses, this …….. day of ……………, ………
(Seal)
| | (Signed)
| . | ||
|---|---|---|
| . | ||
| (Official capacity of officer) |
(c) A signature affixed to a self-proving affidavit attached to a will is considered a signature affixed to the will, if necessary to prove the will’s due execution.
History:
1975 c 347 s 22; 1979 c 240 s 1; 1986 c 444; 1994 c 472 s 37; 2023 c 21 s 2
History: History: 1975 c 347 s 22; 1979 c 240 s 1; 1986 c 444; 1994 c 472 s 37; 2023 c 21 s 2