§ 75-2-1408 — Electronic will attested and made self-proving at time of execution.

(1) An electronic will may be simultaneously executed, attested, and made self-proving by acknowledgment of the testator and affidavits of the witnesses.
(2) The acknowledgment and affidavits under Subsection (1) shall be:

(2)(a) made before an officer authorized to administer oaths under law of the state in which execution occurs, regardless of whether that officer is also a witness to the electronic will; and
(2)(b) evidenced by the officer's certificate under official seal affixed to or logically associated with the electronic will.
(3) The acknowledgment and affidavits under Subsection (1) shall be in substantially the following form: I, ____________, the testator, and, being sworn, declare to the undersigned officer that I sign this instrument as my electronic will, I willingly sign this instrument or willingly direct another individual to sign this instrument for me, I execute it as my voluntary act for the purposes expressed in this instrument, and I am 18 years old or older, of sound mind, and under no constraint or undue influence. ____________ Testator We, ____________ and ____________, the witnesses, being sworn, declare to the undersigned officer that the testator signed this instrument as the testator's electronic will, that the testator willingly signed this instrument or willingly directed another individual to sign for the testator, and that each of us, in the physical or electronic presence of the testator, signs this instrument as witness to the testator's signing, and to the best of our knowledge the testator is 18 years old or older, of sound mind, and under no constraint or undue influence. ___________ Witness ___________ WitnessCertificate of officer:State of ____________County of ___________Subscribed, sworn to, and acknowledged before me by ___________, the testator, and subscribed and sworn to before me by ____________ and ____________, witnesses, this _________ day of __________, ____. ____________ Signed ____________ Capacity of Officer
(4) A signature physically or electronically affixed to an affidavit that is affixed to or logically associated with an electronic will under this part is deemed a signature of the electronic will under Subsection 75-2-1405(1).
(5) To the extent that this section conflicts with Title 46, Chapter 1, Notaries Public Reform Act, this section supersedes Title 46, Chapter 1, Notaries Public Reform Act.

Legislative History

Enacted by Chapter 1, 2020 Special Session 6