75-2-504 - Self-proved will.
75-2-504. Self-proved will.
(1) A will may be simultaneously executed, attested, and made self-proved, byacknowledgment thereof by the testator and affidavits of the witnesses, each made before anofficer authorized to administer oaths under the laws of the state in which execution occurs,whether or not that officer is also a witness to the will, 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 _______, andbeing first duly sworn, do hereby declare to the undersigned authority that I sign and execute thisinstrument as my will and that I sign it willingly (or willingly direct another to sign for me), that Iexecute it as my free and voluntary act for the purposes therein expressed, and that I am 18 yearsof age or older, of sound mind, and under no constraint or undue influence.
We, _______, _______, the witnesses, sign our names to this instrument, being first dulysworn, and do hereby declare to the undersigned authority that the testator signs and executes thisinstrument as [his] [her] will and that [he] [she] signs it willingly (or willingly directs another tosign for [him] [her] ), and that each of us, in the presence and hearing of the testator, hereby signsthis will as witness to the testator's signing, and that to the best of our knowledge the testator is18 years of age or older, of sound mind, and under no constraint or undue influence.
State of _______
County of _______
Subscribed, sworn to and acknowledged before me by _______, the testator, andsubscribed and sworn to before me by _______, and _______, witnesses, this ____ day of_______.
(2) An attested will may be made self-proved at any time after its execution by theacknowledgment thereof by the testator and the affidavits of the witnesses, each made before anofficer authorized to administer oaths under the laws of the state in which the acknowledgmentoccurs and evidenced by the officer's certificate, under the official seal, attached or annexed tothe will in substantially the following form:
State of _______
County of _______
We, _______, _______, and _______, the testator and the witnesses, respectively, whosenames are signed to the attached or foregoing instrument, being first duly sworn, do herebydeclare to the undersigned authority that the testator signed and executed the instrument as thetestator's will and that [he] [she] had signed willingly (or willingly directed another to sign for[him] [her] ), and that [he] [she] executed it as [his] [her] free and voluntary act for the purposestherein 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 [his] [her] knowledge the testator was at that
time 18 years or age or older, of sound mind, and under no constraint or undue influence.
Subscribed, sworn to, and acknowledged before me by _______, the testator, andsubscribed and sworn to before me by _______, and _______, witnesses, this ____ day of_______.
(3) A signature affixed to a self-proving affidavit attached to a will is considered asignature affixed to the will, if necessary to prove the will's due execution.
(4) The notarization of will provisions of this section preempt conflicting provisions inother sections of the Utah Code whether the will was executed prior to or after July 1, 1998.
Repealed and Re-enacted by Chapter 39, 1998 General Session