Section 13.12.504. Self-proved will.

   (a) A will may be simultaneously executed, attested, and made self-proved, by acknowledgment of the will 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, 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 expressed in the will, and that I am eighteen 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 eighteen years of age or older, of sound mind, and under no         
constraint or undue influence.                                         
                 ___________________________________________     
                                  Witness                        
                 ___________________________________________     
                                  Witness                        
State of ____________________                                    
________________________ Judicial District                       
Subscribed, sworn to, and acknowledged before me by  ___________, the       
testator, and subscribed and sworn to before me by _______________, and _______________, witness, 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 of the will 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 _____________________________________________        
________________________ Judicial District                       
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 expressed in the
will, 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 the  
witnesses' knowledge the testator was at that time eighteen 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)           
   (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.

Notes

History

(Sec. 3 ch 75 SLA 1996)