91-7-10 - Affidavits may be used to authenticate holographic wills or codicils.
§ 91-7-10. Affidavits may be used to authenticate holographic wills or codicils.
Where there is not contest about it, a holographic will or codicil may be proved at the time of presentment for probate by the affidavits, made before an officer in the state authorized to administer oaths, of at least two (2) persons, in no wise interested in the estate of the testator or testatrix, attesting to the authenticity of the will or codicil and the competency of the testator or testatrix to make testamentary disposition of his or her property; provided, however, that such affiants shall be persons familiar with the handwriting and signature of the testator or testatrix, and the affidavits so presented shall contain statements made on the personal knowledge of such affiants attesting that such handwriting and such signature are genuine and were made and done by the testator or testatrix; and in such case the affidavits made and presented in conformity herewith may be received as a substitute for the personal attendance of witnesses to prove such will or codicil.
Sources: Laws, 1974, ch. 375, § 1, eff from and after passage (approved March 19, 1974).