ESTATES AND PROTECTED INDIVIDUALS CODE (EXCERPT)
Act 386 of 1998
700.2504 Self-proved will.Sec. 2504.
(1) A will may be simultaneously executed, attested, and made self-proved by acknowledgment of the will by the testator and 2 witnesses' sworn statements, each made before an officer authorized to administer oaths under the laws of the state in which 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 document on
__________, _____. I have taken an oath, administered by the officer whose
signature and seal appear on this document, swearing that the statements in
this document are true. I declare to that officer that this document is my will;
that I sign it willingly or willingly direct another to sign for me; that I
execute it as my voluntary act for the purposes expressed in this will; that
I am 18 years of age or older and under no constraint or undue influence; and
that I have sufficient mental capacity to make this will. |
_________________________________ |
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(Signature)
Testator |
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We,
________________________ and ________________________, the witnesses, sign
our names to this document and have taken an oath, administered by the officer
whose signature and seal appear on this document, to swear that all of the
following statements are true: the individual signing this document as the
testator executes the document as his or her will, signs it willingly or
willingly directs another to sign for him or her, and executes it as his or
her voluntary act for the purposes expressed in this will; each of us, in the
testator's presence, signs this will as witness to the testator's signing;
and, to the best of our knowledge, the testator is 18 years of age or older,
is under no constraint or undue influence, and has sufficient mental capacity
to make this will. |
_________________________________ |
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(Signature)
Witness |
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_________________________________ |
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(Signature)
Witness |
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The
State of ________________________________ |
County
of ___________________________________ |
Sworn
to and signed in my presence by ______________, the testator, and sworn to
and signed in my presence by ___________________ and __________________,
witnesses, on |
_____________,
__________. |
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month/day |
year |
_________________________________ |
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(SEAL)
Signed |
|
_________________________________ |
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(official
capacity of officer) |
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(2) An attested will may be made self-proved at any time after its execution by the acknowledgment of the will by the testator and the sworn statements of the witnesses to the will, each made before an officer authorized to administer oaths under the laws of the state in which the acknowledgment occurs and evidenced by the officer's certificate, under the official seal, attached or annexed to the will in substantially the following form:
The
State of ________________________________ |
County
of ___________________________________ |
We,
___________________, ___________________, and ___________________, the
testator and the witnesses, respectively, whose names are signed to the
attached will, sign this document and have taken an oath, administered by the
officer whose signature and seal appear on this document, to swear that all
of the following statements are true: the individual signing this document as
the will's testator executed the will as his or her will, signed it willingly
or willingly directed another to sign for him or her, and executed it as his
or her voluntary act for the purposes expressed in the will; each witness, in
the testator's presence, signed the will as witness to the testator's
signing; and, to the best of the witnesses' knowledge, the testator, at the
time of the will's execution, was 18 years of age or older, was under no constraint
or undue influence, and had sufficient mental capacity to make this will. |
_________________________________ |
|
(Signature)
Testator |
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_________________________________ |
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(Signature)
Witness |
|
_________________________________ |
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(Signature)
Witness |
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Sworn
to and signed in my presence by ___________, the testator, and sworn to and
signed in my presence by ________________ and _______________, witnesses, on |
_____________,
__________. |
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month/day |
year |
_________________________________ |
|
(SEAL)
Signed |
|
_________________________________ |
|
(official
capacity of officer) |
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(3) A codicil to a will may be simultaneously executed and attested, and both the codicil and the original will made self-proved, by acknowledgment of the codicil by the testator and by witnesses' sworn statements, each made before an officer authorized to administer oaths under the laws of the state in which 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 document on __________,
_____. I have taken an oath, administered by the officer whose signature and
seal appear on this document, swearing that the statements in this document are
true. I declare to that officer that this document is a codicil to my will;
that I sign it willingly or willingly direct another to sign for me; that I
execute it as my voluntary act for the purposes expressed in this codicil;
and that I am 18 years of age or older, and under no constraint or undue
influence; and that I have sufficient mental capacity to make this codicil. |
_________________________________ |
|
(Signature)
Testator |
|
We,
_______________ and _______________, the witnesses, sign our names to this
document and have taken an oath, administered by the officer whose signature
and seal appear on this document, to swear that all of the following
statements are true: the individual signing this document as the testator executes
the document as a codicil to his or her will, signs it willingly or willingly
directs another to sign for him or her, and executes it as his or her
voluntary act for the purposes expressed in this codicil; each of us, in the
testator's presence, signs this codicil as witness to the testator's signing;
and, to the best of our knowledge, the testator is 18 years of age or older,
is under no constraint or undue influence, and has sufficient mental capacity
to make this codicil. |
_________________________________ |
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(Signature)
Witness |
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_________________________________ |
|
(Signature)
Witness |
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The
State of ________________________________ |
County
of ___________________________________ |
Sworn
to and signed in my presence by ___________, the testator, and sworn to and
signed in my presence by ________________ and _______________, witnesses, on |
_____________,
__________. |
|
|
month/day |
year |
_________________________________ |
|
(SEAL)
Signed |
|
_________________________________ |
|
(official
capacity of officer) |
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(4) If necessary to prove the will's due execution, a signature affixed to a self-proving sworn statement attached to a will is considered a signature affixed to the will.
(5) Instead of the testator and witnesses each making a sworn statement before an officer authorized to administer oaths as prescribed in subsections (1) to (3), a will or codicil may be made self-proved by a written statement that is not a sworn statement. This statement shall state, or incorporate by reference to an attestation clause, the facts regarding the testator and the formalities observed at the signing of the will or codicil as prescribed in subsections (1) to (3). The testator and witnesses shall sign the statement, which must include its execution date and must begin with substantially the following language: "I certify (or declare) under penalty for perjury under the law of the state of Michigan that...".
History: 1998, Act 386, Eff. Apr. 1, 2000
;--
Am. 2000, Act 54, Eff. Apr. 1, 2000
;--
Am. 2009, Act 46, Eff. Apr. 1, 2010
Popular Name: EPIC