How does it work? To make a will self-proved in Texas, the testator and witnesses must sign a “self proving affidavit” before a notary public. (When a will that isn’t self proved is submitted to the probate court, the court will require testimony from witnesses, or other proof, to establish that the will is what it claims to be.) A self proved will can be admitted to probate court without the testimony of the witnesses to the will. Under Texas law, a will that meets certain requirements - including proper notarization - is “self proved”. You should definitely have your will notarized. Holographic wills offer some convenience, but they come with the risk of making mistakes that could leave a will invalid. In addition, Texas allows a will to be made without witnesses if it is written by hand by the testator and signed at the end. (3) attested by two or more credible witnesses who are at least 14 years of age and who subscribe their names to the will in their own handwriting in the testator’s presence.Īlthough there are various exceptions and special rules, these are the standard requirements for Texas wills. (B) another person on behalf of the testator: Regarding the will itself, the standard requirements are set forth in Texas Estates Code § 251.051. If a testator believes there might be any doubt as to his or her mental capacity at the time of the signing, a letter from a doctor affirming mental competence generally can be included with the will. Even a person with dementia or Alzheimer’s may be deemed to have a sound mind, if lucid at the moment of signing. More specifically, it means that at the time the will is made, you understand that you’re creating a will, the nature of the property you own, and to whom you’re leaving your property. Sound mind generally means that you’re aware of your actions when creating the will. (3) is a member of the armed forces of the United States, an auxiliary of the armed forces of the United States, or the United States Maritime Service. Testator RequirementsĪ person of sound mind has the right and power to make a will if, at the time the will is made, the person: There are requirements for both the person making the will (called a “testator”), and for the will itself. ![]() ![]() To make a valid will in Texas, certain legal requirements must be met. Making a Will in Texas Texas Will Requirements
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