Arkansas > Statewide > Probate
Proof Of Will Form 4 - Arkansas
| Proof Of Will Form. This is a Arkansas form and can be used in Probate Statewide . |
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Form 4 - Proof of Will Page 1 of 1 Form 4. [Caption] PROOF OF WILL I, ______________, state on oath: I am one of the subscribing witnesses to the attached written instrument, dated the ____ day of _________, ____, which purports to be (a codicil to) the last will of _____________, deceased. On the execution date of the instrument the [testator] [testatrix], in my presence, and in the presence of the other attesting witnesses, signed the instrument at the end, or acknowledged [his] [her] signature, declared the instrument to be [his] [her] will, and requested that I attest [his] [her] execution of it. Then, in the presence of the [testator] [testatrix] and the other witnesses, I signed my name as an attesting witness. At the time of execution of the instrument, the [testator] [testatrix] appeared to be eighteen years of age or older, of sound mind, and acting without undue influence, fraud or restraint. Date: ________, ____. ______________________________ [Signature] [Affidavit] Reporter's Notes to Form 4: This form is designed for execution and filing with the court when the original will did not include a "proof of will." Because it is not always practical to have multiple witnesses appear simultaneously, the form is for a single witness. This form is for an attested will and shouldnot be used for a holographic will. An attested will must be proved by at least two attesting witnesses or as otherwise provided by statute. Ark. Code Ann. § 28-40-117(a). If the instrument is a codicil, the language in parentheses should be included. An affidavit is required by Ark. Code Ann. § 28-40-118(a). 2001 © American LegalNet, Inc. 3/7/01
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