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Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY

Chapter 474

previous next Effective - 12 Jun 1991, see footnotebottom

  474.337.  Written will self-proved, how. — 1.  A written will may at the time of its execution, or at any subsequent date, be made self-proved, by the acknowledgment thereof by the testator and the 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:

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THE STATE OF ______
COUNTY OF ______
I, the undersigned, an officer authorized to administer oaths, certify that ______, the testator, and the witnesses, whose names are signed to the attached or foregoing instrument, having appeared together before me and having been first duly sworn, each then declared to me that the testator signed and executed the instrument as his last will, and that he had willingly signed or willingly directed another to sign for him, and that he executed it as his 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 his knowledge the testator was at that time eighteen or more years of age, of sound mind, and under no constraint or undue influence.
In witness whereof I have hereunto subscribed my name and affixed my official seal this ______ day of ______, 20______.
(Signed) __________________________________________
(SEAL) __________________________________________
(Official capacity of officer)

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  2.  An officer authorized to administer oaths under the laws of this state, who has no official seal, including a commissioner of deeds acting under section 486.130, and a judge advocate or other commissioned officer of the Armed Forces acting under Article 136 of the Uniform Code of Military Justice (United States Code, Title 10, Section 936), whether or not on active duty, section 492.070, or an equivalent court rule, may, in lieu of affixing an official seal to his certificate, include in it a statement that he has no official seal and reciting the facts which establish his authority.  Such a statement has the same effect as an official seal.

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(L. 1980 S.B. 637, A.L. 1981 S.B. 117, A.L. 1991 S.B. 358)

Effective 6-12-91


---- end of effective   12 Jun 1991 ----

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