Texas has now fully adopted the Texas Estates Code,
effective January 1, 2014. This “new” set of statutes is a recodification of
the former Texas Probate Code, Texas Trust Act, and a number of related
statutes contained in the Texas Health & Safety Code and other statutes.
One of the most important changes involves the “execution
ceremony” for a person’s last will and testament. Previously, at least one witness was required
to appear in court, usually in person, to “prove up” the authenticity of your
will after your death, unless you (as testator) and the witnesses to your will
also signed a separate attachment called a “self proving affidavit” before a
notary public.
This process led to some confusion, because the testator and
the witnesses had to sign the will in multiple places, and an “overlooked
signature” would cause procedural problems for your executor.
Now, Section 251.1045 of the Texas Estates Code contains a
combination “attestation and self-proving” clause, so that the testator and
witnesses need only sign a Texas will in one location. In order to be effective, the language in the
will must be in “substantial compliance” with the specific language set out in
this statute. We recommend copying this clause exactly in order to avoid any
potential complications.
Also, this single signature option is only effective for
wills executed on or after January 1, 2014; please check your current will to
make sure that it fully complies with the previous statutes concerning “self
proving” language and signatures.
Because the language of your will – particularly the failure
to include certain language – can affect the type of probate proceedings
required to administer your estate in Texas, we strongly recommend that you
contact an attorney well-versed in Texas estate planning and probate law to
assist you in preparing your last will and other estate planning documents. Self-prepared
wills or wills created with multi-state software programs often fail to take
full advantage of Texas statutes that can help reduce the amount of cost and
time required to finalize your financial affairs once you have passed away.
By: Cynthia W. Veidt, cindy@lpvlaw.com
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