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Current as of January 02, 2025 | Updated by Findlaw Staff
(a) A testator's affidavit must contain substantially the following content:
Tribe of ____ or
State of ____
County of ____.
I, ____, swear or affirm under penalty of perjury that, on the __ day of ____, 20__, I requested ____ and ____ to act as witnesses to my will; that I declared to them that the document was my last will; that I signed the will in the presence of both witnesses; that they signed the will as witnesses in my presence and in the presence of each other; that the will was read and explained to me (or read by me), after being prepared and before I signed it, and it clearly and accurately expresses my wishes; and that I willingly made and executed the will as my free and voluntary act for the purposes expressed in the will.
Testator
(b) Each attesting witness's affidavit must contain substantially the following content:
We, ____ and ____, swear or affirm under penalty of perjury that on the __ day of ____, 20__, ____ of the State of ____, published and declared the attached document to be his/her last will, signed the will in the presence of both of us, and requested both of us to sign the will as witnesses; that we, in compliance with his/her request, signed the will as witnesses in his/her presence and in the presence of each other; and that the testator was not acting under duress, menace, fraud, or undue influence of any person, so far as we could determine, and in our opinion was mentally capable of disposing of all his/her estate by will.
Witness
Witness
Subscribed and sworn to or affirmed before me this __ day of ____, 20__, by ____ testator, and by ____ and ____, attesting witnesses.
(Title)
Cite this article: FindLaw.com - Code of Federal Regulations Title 25. Indians § 25.15.9 What information must be included in an affidavit for a self-proved will, codicil, or revocation? - last updated January 02, 2025 | https://codes.findlaw.com/cfr/title-25-indians/cfr-sect-25-15-9/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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