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Current as of January 01, 2024 | Updated by Findlaw Staff
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 must be:
a. Made before an officer authorized to administer oaths under law of the state in which execution occurs; and
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 must be in substantially the following form:
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STATE OF__________________________________ |
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COUNTY OF ____________________________________ |
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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 electronic 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. |
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__________________________________________ |
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Testator |
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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 electronic 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 electronic 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. |
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__________________________________________ |
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Witness |
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__________________________________________ |
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Witness |
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Subscribed, sworn to, and acknowledged before me by __________, the testator, and subscribed and sworn to before me by __________ and __________, witnesses, this __________ day of _______________. |
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(SEAL) |
(Signed) |
__________________________________________ |
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__________________________________________ |
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(Official 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 chapter is deemed a signature of the electronic will under subsection 1 of section 30.1-37-04.
Cite this article: FindLaw.com - North Dakota Century Code Title 30.1. Uniform Probate Code § 30.1-37-06. Electronic will attested and made self-proving at time of execution - last updated January 01, 2024 | https://codes.findlaw.com/nd/title-30-1-uniform-probate-code/nd-cent-code-sect-30-1-37-06/
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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