North Dakota Will Affidavits

In order to avoid problems with probate, North Dakota provides statutory affidavit forms to self-prove your Last Will and Testament. If you are making a new Will or if you already have an existing North Dakota Will, you should have it self-proved. Doing so will provide a further layer of protection.
The forms can be found in the legislation, chapter 30.1-08 Wills, Uniform Probate Code. 1. North Dakota Will Affidavit for Simultaneous Execution: A will that is executed with attesting witnesses may be simultaneously executed, attested, and made self-proved, by acknowledgment thereof 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, attached or annexed to the will in substantially the following form: STATE OF NORTH DAKOTA COUNTY OF ____________________ 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 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. ______________________________ Testator 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 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 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. ______________________________ 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 __________, 20___. (SEAL) (Signed)______________________________ ______________________________ (Official capacity of officer) 2. North Dakota Will Affidavit – Already Existing Will A will that is executed with attesting witnesses may at any time after its execution be made self-proved, by the acknowledgment thereof 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 NORTH DAKOTA COUNTY OF ___________________ 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 therein expressed; 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 our knowledge the testator was at that time 18 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 _________, 20____. (SEAL) (Signed)______________________________ _____________________________ (Official capacity of officer) 3. 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.

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