§ 30.1-08-04 — (2-504) Self-proved will

North Dakota § 30.1-08-04

• Jurisdiction: North Dakota
• Title 30.1: Uniform Probate Code
• Ch. 30.1-08: Wills

Text

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.