Regulations last checked for updates: May 17, 2024

Title 25 - Indians last revised: Mar 22, 2024
§ 15.9 - What information must be included in an affidavit for a self-proved will, codicil, or revocation?

(a) A testator's affidavit must contain substantially the following content:

Tribe of ________ or

State of ________

County of ________.

I, ________, swear or affirm under penalty of perjury that, on the ____ day of ________, 20____, I requested ________and ________ to act as witnesses to my will; that I declared to them that the document was my last will; that I signed the will in the presence of both witnesses; that they signed the will as witnesses in my presence and in the presence of each other; that the will was read and explained to me (or read by me), after being prepared and before I signed it, and it clearly and accurately expresses my wishes; and that I willingly made and executed the will as my free and voluntary act for the purposes expressed in the will.

Testator

(b) Each attesting witness's affidavit must contain substantially the following content:

We, ________and ________, swear or affirm under penalty of perjury that on the ____ day of ________, 20____, ________ of the State of ________, published and declared the attached document to be his/her last will, signed the will in the presence of both of us, and requested both of us to sign the will as witnesses; that we, in compliance with his/her request, signed the will as witnesses in his/her presence and in the presence of each other; and that the testator was not acting under duress, menace, fraud, or undue influence of any person, so far as we could determine, and in our opinion was mentally capable of disposing of all his/her estate by will.

Witness Witness

Subscribed and sworn to or affirmed before me this ____ day of ________, 20____, by ________ testator, and by ________ and ________, attesting witnesses.

(Title)
source: 73 FR 67278, Nov. 13, 2008, unless otherwise noted.
cite as: 25 CFR 15.9