§ 31-11.6. How attested wills may be made self-proved. - North Carolina Statutes

Article 4A.

Self‑Proved Wills.

§ 31‑11.6.  How attestedwills may be made self‑proved.

(a)        Any will may besimultaneously executed, attested, and made self‑proved, byacknowledgment thereof by the testator and affidavits of the witnesses, eachmade before an officer authorized to administer oaths under the laws of thestate where execution occurs and evidenced by the officer's certificate, underofficial seal, in substantially the following form:

"I, ________, thetestator, sign my name to this instrument this ____ day of ______, ____ andbeing first duly sworn, do hereby declare to the undersigned authority that Isign and execute this instrument as my last will and that I sign it willingly(or willingly direct another to sign for me), that I execute it as my free andvoluntary act for the purposes therein expressed, and that I am eighteen yearsof age or older, of sound mind, and under no constraint or undue influence.

_________________________________________

Testator

We ________, ________, thewitnesses, sign our names to this instrument, being first duly sworn, and dohereby declare to the undersigned authority that the testator signs andexecutes this instrument as his last will and that he signs it willingly (orwillingly directs another to sign for him), and that each of us, in thepresence and hearing of the testator, hereby signs this will as witness to thetestator's signing, and to the best of our knowledge the testator is eighteenyears of age or older, of sound mind, and under no constraint or undueinfluence.

___________________________________

Witness

____________________________________

Witness

THE STATE OF ______.

COUNTY OF ______.

Subscribed, sworn to andacknowledged before me by ________. the testator and subscribed and sworn tobefore me by ________ and ________, witnesses, this ____ day of ________

(SEAL)

(SIGNED) __________________________

(OFFICIAL CAPACITY OF OFFICER)"

(b)        An attested writtenwill executed as provided by G.S. 31‑3.3 may at any time subsequent toits execution be made self‑proved, by the acknowledgment thereof by thetestator and the affidavits of the attesting witnesses, each made before anofficer authorized to administer oaths under the laws of this State, andevidenced by the officer's certificate, under official seal, attached orannexed to the will in form and content substantially as follows:

"STATE OF NORTH CAROLINA

"COUNTY/CITY OF ________

"Before me, the undersignedauthority, on this day personally appeared ________, and ________, known to meto be the testator and the witnesses, respectively, whose names are signed tothe attached or foregoing instrument and, all of these persons being by mefirst duly sworn. The testator, declared to me and to the witnesses in mypresence: That said instrument is his last will; that he had willingly signedor directed another to sign the same for him, and executed it in the presenceof said witnesses as his free and voluntary act for the purposes thereinexpressed; or, that the testator signified that the instrument was his instrumentby acknowledging to them his signature previously affixed thereto.

The said witnesses statedbefore me that the foregoing will was executed and acknowledged by the testatoras his last will in the presence of said witnesses who, in his presence and athis request, subscribed their names thereto as attesting witnesses and that thetestator, at the time of the execution of said will, was over the age of 18years and of sound and disposing mind and memory.

_________________________

Testator

__________________________

Witness

___________________________

Witness

____________________________

Witness

Subscribed, sworn andacknowledged before me by ________, the testator, subscribed and sworn beforeme by ________, ________ and ________ witnesses, this ____ day of ______, A.D.____

(SEAL)

(SIGNED) _________________________________________

(OFFICIAL CAPACITY OF OFFICER)"

(c)        The sworn statementof any such witnesses taken as herein provided shall be accepted by the courtas if it had been taken before such court. (1977, c. 795, s. 1; 1979, c. 536, s. 1; 1981, c. 599,s. 8; 1999‑456, s. 59.)