(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.
Section: Previous 13.12.501 13.12.502 13.12.504 13.12.505 13.12.506 13.12.507 13.12.508 13.12.509 13.12.510 13.12.511 13.12.512 13.12.513 13.12.514 13.12.515 13.12.516 NextLast modified: November 15, 2016