§ 28-25-106 - Affidavit of attesting witness. - Arkansas Statutes

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Statutes > Arkansas > Title-28 > Subtitle-3 > Chapter-25 > 28-25-106

28-25-106. Affidavit of attesting witness.

(a) Any attesting witness to a will may make and sign an affidavit before any officer authorized to administer oaths in this state or in any other state stating such facts as he or she would be required to testify to in an uncontested probate proceeding concerning the will.

(b) The attesting witness may make and sign the affidavit at any time, either:

(1) On his or her own initiative;

(2) At the request of the testator; or

(3) After the testator's death, at the request of the executor or of any other person interested.

(c) The affidavit shall be written on the will, or, if that is impracticable, it shall be securely affixed to the will or to a true copy of the will by the officer administering the oath.

(d) If the probate of the will is uncontested, the affidavit may be accepted by the probate court with the same effect as if the testimony of the witness had been taken before the court.

State Codes and Statutes

Statutes > Arkansas > Title-28 > Subtitle-3 > Chapter-25 > 28-25-106

28-25-106. Affidavit of attesting witness.

(a) Any attesting witness to a will may make and sign an affidavit before any officer authorized to administer oaths in this state or in any other state stating such facts as he or she would be required to testify to in an uncontested probate proceeding concerning the will.

(b) The attesting witness may make and sign the affidavit at any time, either:

(1) On his or her own initiative;

(2) At the request of the testator; or

(3) After the testator's death, at the request of the executor or of any other person interested.

(c) The affidavit shall be written on the will, or, if that is impracticable, it shall be securely affixed to the will or to a true copy of the will by the officer administering the oath.

(d) If the probate of the will is uncontested, the affidavit may be accepted by the probate court with the same effect as if the testimony of the witness had been taken before the court.

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State Codes and Statutes

Statutes > Arkansas > Title-28 > Subtitle-3 > Chapter-25 > 28-25-106

28-25-106. Affidavit of attesting witness.

(a) Any attesting witness to a will may make and sign an affidavit before any officer authorized to administer oaths in this state or in any other state stating such facts as he or she would be required to testify to in an uncontested probate proceeding concerning the will.

(b) The attesting witness may make and sign the affidavit at any time, either:

(1) On his or her own initiative;

(2) At the request of the testator; or

(3) After the testator's death, at the request of the executor or of any other person interested.

(c) The affidavit shall be written on the will, or, if that is impracticable, it shall be securely affixed to the will or to a true copy of the will by the officer administering the oath.

(d) If the probate of the will is uncontested, the affidavit may be accepted by the probate court with the same effect as if the testimony of the witness had been taken before the court.