N.D. Cent. Code § 30.1-08-04

Current through 2023 Legislative Sessions

Section 30.1-08-04 - (2-504) Self-proved will

1. A will that is executed with attesting witnesses may be simultaneously executed, attested, and made self-proved, by acknowledgment thereof by the testator and affidavits of the witnesses, each made before 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, attached or annexed to the will in substantially the following form:

STATE OF _____________________

COUNTY OF ____________________

I, ______________________, the testator, sign my name to this instrument this

__________ day of ______, _____, and being first sworn, 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, and being first sworn, 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, 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 Subscribed, sworn to, and acknowledged before me by __________, the testator, and subscribed and sworn to before me by _________ and _________, witnesses, this ________ day of ________________.

(SEAL)

(Signed)______________________________

_____________________________

(Official capacity of officer)

2. A will that is executed with attesting witnesses may at any time after its execution 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 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 that each of the witnesses, in the presence and hearing of the testator, signed the will as witness and that to the best of our knowledge the testator was at that 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 before me by _______________, the testator, and subscribed and sworn to before me by ___________ and ___________,

___________,witnesses, this __________ day of _________, ______.

(SEAL)

(Signed)______________________________

______________________________

(Official capacity of officer)

3. 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.

N.D.C.C. § 30.1-08-04