- Any person who is of sound mind and who is either 18 or more years of age or an emancipated minor may make a will.
- Every will must be in writing and must contain the following:
- Signature of the person who makes the will (Testator's signature)
Witnesses of the testator:
Witnesses' signaturesThe attesting witnesses must sign the will in the presence of the testator and in the presence of each other
SELF-PROOF OF WILL
- A will or codicil executed in conformity with the law of state may be made self-proved at the time of its execution or at any subsequent date by the acknowledgment of it by the testator and the affidavits of the witnesses.
The affidavit has to be made before an officer authorized to administer oaths and evidenced by the officer's certificate attached to or following the will.
REVOCATION OF WILL
REVOCATION BY WRITING
A will or codicil, or any part of either, is revoked:
- By a subsequent inconsistent will or codicil. The revocation extends only so far as the inconsistency.
By a subsequent will, codicil, or other writing executed with the same formalities required for the execution of wills declaring the revocation.
EFFECT OF SUBSEQUENT MARRIAGE, BIRTH, ADOPTION, OR DISSOLUTION OF MARRIAGE
- Neither subsequent marriage, birth, nor adoption of lineal descendants shall revoke the prior will of any person.
Any provision of a will executed by a married person that affects the spouse of that person shall become void upon the divorce of that person or upon the dissolution or annulment of the marriage. After the dissolution, divorce, or annulment, the will shall be administered and construed as if the former spouse had died at the time of the dissolution, divorce, or annulment of the marriage, unless the will or the dissolution or divorce judgment expressly provides otherwise.
- A will is void if the execution is procured by fraud, duress, mistake, or undue influence. Any part of the will is void if so procured, but the remainder of the will not so procured shall be valid if it is not invalid for other reasons.