Article 4A.
Self-Proved Wills.
§ 31-11.6. How attested wills may be made self-proved.
(a)Any will 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 where
execution occurs 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 ____________, ________, and
being first duly sworn, do hereby declare to the undersigned
authority that I sign 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 and voluntary act
for the purposes therein expressed, and that I am eighteen 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, being first duly sworn, and do hereby
declare to the undersigned authority that the testator signs and
executes this instrument as his last will and that he signs it
willingly (or willingly directs another to sign for him), and
that each of us, in the presence and hearing of the testator,
hereby signs this will as witness to the testator’s signing, and
to the best of our knowledge the testator is eighteen years of
age or older, of sound mind, and under no constraint or undue
influence.
Witness
Witness
THE STATE OF ____________.
COUNTY OF ____________.
Subscribed, sworn to and acknowledged before me by
______________, the testator and subscribed and sworn to before
me by ______________ and ______________, witnesses, this
________ day of ______________(SEAL)
(SIGNED)
(OFFICIAL CAPACITY OF OFFICER)"
(b) An attested written will executed as provided by G.S.
31-3.3 may at any time subsequent to its execution be made
self-proved, by the acknowledgment thereof by the testator and
the affidavits of the attesting witnesses, each made before an
officer authorized to administer oaths under the laws of this
State, and evidenced by the officer’s certificate, under
official seal, attached or annexed to the will in form and
content substantially as follows:
"STATE OF NORTH CAROLINA
"COUNTY/CITY OF ______________
"Before me, the undersigned authority, on this day personally
appeared ______________, and ______________, known to me to be
the testator and the witnesses, respectively, whose names are
signed to the attached or foregoing instrument and, all of these
persons being by me first duly sworn. The testator, declared to
me and to the witnesses in my presence: That said instrument is
his last will; that he had willingly signed or directed another
to sign the same for him, and executed it in the presence of
said witnesses as his free and voluntary act for the purposes
therein expressed; or, that the testator signified that the
instrument was his instrument by acknowledging to them his
signature previously affixed thereto.
The said witnesses stated before me that the foregoing will
was executed and acknowledged by the testator as his last will
in the presence of said witnesses who, in his presence and at
his request, subscribed their names thereto as attesting
witnesses and that the testator, at the time of the execution of
said will, was over the age of 18 years and of sound and
disposing mind and memory.
Testator
Witness
Witness
Witness
Subscribed, sworn and acknowledged before me by ______________,
the testator, subscribed and sworn before me by ______________,
______________ and ______________ witnesses, this ________ day
of ____________, A.D. ________
(SEAL)
(SIGNED)
(OFFICIAL CAPACITY OF OFFICER)"
© The sworn statement of any such witnesses taken as herein
provided shall be accepted by the court as 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.)