Updated July 18, 2023
A North Dakota self-proving affidavit form is a legal document executed by a testator (creator of a will) and two (2) witnesses in the presence of a notary public. This document, once attached to a last will and testament, replaces the need for witnesses to appear before probate court to attest to the legitimacy of a will. Whereas the court normally requires both witnesses to present themselves in court and confirm that the testator was of sound mind and executed the document voluntarily, a self-proving affidavit contains all these testimonial elements in writing. After completing the will, the testator may choose to have the will self-proved right away. The testator and both witnesses will have to sign the affidavit in front of a notary public, who will notarize the form with their signature and official notary seal.
Laws
- Statute – § 30.1-08-04
- Signing Requirements – Two (2) witnesses and a notary public.