43 C.F.R. § 4.233 Proof of wills, codicils, and revocations.
Title 43 - Public Lands: Interior
(a) Self-proved wills. A will executed as provided in §4.260 may, at the time of its execution, be made self-proved, and testimony of the witnesses in the probate thereof may be made unnecessary by the affidavits of the testator and attesting witnesses. (1) These affidavits must be made before an officer authorized to administer oaths, must be attached to the will, and must be in substantially the following form and content:
State of ____ County of ____ss. I,_________, being first duly sworn, on oath, depose and say: That I am an ____ (enrolled or unenrolled) member of the ________ Tribe of Indians in the State of ________; that on the ______ day of _______, 19__/20__, I requested ____ to prepare a will for me; that the attached will was prepared; that I requested ________ and _________ to act as witnesses thereto; that I declared to said witnesses that said instrument was my last will and testament; that I signed said will in the presence of both witnesses; that they signed the same as witnesses in my presence and in the presence of each other; that said 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 said will as my free and voluntary act and deed for the purposes therein expressed. Testator/Testatrix We, _________ and ________, each being first duly sworn, on oath, depose and state: That on the ______ day of ______, 19__/20__, ________, a member of the _______ Tribe of Indians of the State of ________, published and declared the attached instrument to be his/her last will and testament, signed the same in the presence of both of us, and requested both of us to sign the same as witnesses; that we, in compliance with his/her request, signed the same as witnesses in his/her presence and in the presence of each other; that said testator/testatrix was not acting under duress, menace, fraud, or undue influence of any person, so far as we could ascertain, and in our opinion was mentally capable of disposing of all his/her estate by will. Witness Witness Subscribed and sworn to before me this _______ day of _______, 19__/20__, by _________ testator/testatrix, and by _________ and _________, attesting witnesses. (Title) ____________________________________ (2) If uncontested, a self-proved will may be approved and distribution may be ordered thereunder with or without the testimony of any attesting witness. (b) Self-proved codicils and revocations. A codicil to, or a revocation of, a will may be made self-proved in the same manner as provided in paragraph (a) of this section with respect to a will. (c) Will contest. If the approval of a will, codicil thereto, or revocation thereof is contested, the attesting witnesses who are in the reasonable vicinity of the place of hearing and who are of sound mind must be produced and examined. (1) If none of the attesting witnesses resides near the place of hearing at the time appointed for proving the will, the administrative law judge or Indian probate judge may: (i) Admit the testimony of other witnesses to prove the testamentary capacity of the testator and the execution of the will; and (ii) As evidence of the execution, admit proof of the handwriting of the testator and of the attesting witnesses, or of any of them. (2) The provisions of §4.232 are applicable with respect to remaining issues.
Title 43: Public Lands: Interior
PART 4—DEPARTMENT HEARINGS AND APPEALS PROCEDURES
Subpart D—Rules Applicable in Indian Affairs Hearings and Appeals
Formal Hearings
§ 4.233 Proof of wills, codicils, and revocations.
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