In Texas, a self-proving affidavit is not required
to make your Will valid, but it does make your Will easier to probate. When properly executed, the self-proving
affidavit dispenses with the need for any live witnesses to testify in court at
the hearing on an application to probate your Will.
Effective January 1, 2014,
Texas will no longer require a separate “self-proving affidavit” on a person’s
Will. Until then – because of some
confusion concerning the effective date of the various changes made to Section
59 of the Texas Probate Code by the Texas Legislature – we believe that it is
best to include a separate self-proving affidavit after the signature block where you and the two witnesses have
attested to your Will.
As of the date of this blog entry, Texas Probate
Code Section 59 contains the following statutory language for a self-proving
affidavit to a person’s Will:
THE
STATE OF TEXAS
COUNTY
OF ________________
Before
me, the undersigned authority, on this day personally appeared _______________,
_______________, and _______________, known to me to be the testator and the
witnesses, respectively, whose names are subscribed to the annexed or foregoing
instrument in their respective capacities, and, all of said persons being by me
duly sworn, the said _______________, testator, declared to me and to the said
witnesses in my presence that said instrument is his last will and testament,
and that he had willingly made and executed it as his free act and deed; and
the said witnesses, each on his oath stated to me, in the presence and hearing
of the said testator, that the said testator had declared to them that said
instrument is his last will and testament, and that he executed same as such
and wanted each of them to sign it as a witness; and upon their oaths each
witness stated further that they did sign the same as witnesses in the presence
of the said testator and at his request; that he was at that time eighteen
years of age or over (or being under such age, was or had been lawfully
married, or was then a member of the armed forces of the United States or of an
auxiliary thereof or of the Maritime Service) and was of sound mind; and that
each of said witnesses was then at least fourteen years of age.
___________________________
Testator
___________________________
Witness
___________________________
Witness
Subscribed
and sworn to before me by the said ____________, testator, and by the said
________________ and _______________, witnesses, on this ______ day of
________________, 20____ A.D.
(SEAL)
(Signed) ___________________________
(Official Capacity of Officer)
It is strongly recommended that you consult with an
attorney prior to signing any legal
document, including your Last Will and Testament; this will help ensure that
the document meets current statutory requirements and that you understand the
significance and consequences of each provision and term contained in the
document.
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