Current through the 2022 Third Extraordinary Session.
Section 28-25-103 - Execution generally(a) The execution of a will, other than holographic, must be by the signature of the testator and of at least two (2) witnesses.(b)(1) The testator shall declare to the attesting witnesses that the instrument is his or her will and either: (A) Himself or herself sign;(B) Acknowledge his or her signature already made;(C) Sign by mark, his or her name being written near it and witnessed by a person who writes his or her own name as witness to the signature; or(D)(i) At his or her discretion and in his or her presence have someone else sign his or her name for him or her.(ii) The person so signing shall write his or her own name and state that he or she signed the testator's name at the request of the testator.(2) In any of the cases listed in subdivision (b)(1) of this section: (A) The signature must be at the end of the instrument; and(B) The act must be done in the presence of two (2) or more attesting witnesses.(c) The attesting witnesses must sign at the request and in the presence of the testator.Acts 1949, No. 140, § 19; A.S.A. 1947, § 60-403.