Houston, TX asked in Estate Planning for Texas

Q: Do I have to get my will notarized?

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2 Lawyer Answers
Terry Lynn Garrett
PREMIUM
Terry Lynn Garrett
Answered
  • Estate Planning Lawyer
  • Austin, TX
  • Licensed in Texas

A: In Texas a Will must be signed, dated and witnessed by two people. It should attach a Self-Proving Affidavit which is signed, dated, witnessed by those two people and notarized. This avoids the problem of having to track them down and ask them to testify in court that the Will presented is the Will which they saw you sign and that you asked them to witness it.

Tammy L. Wincott agrees with this answer

Tammy L. Wincott
Tammy L. Wincott
Answered
  • Estate Planning Lawyer
  • San Antonio, TX
  • Licensed in Texas

A: To expand further, it must contain certain language, generally to the effect that the Testator (person writing will) requested the witnesses to sign, was signed in the person's presence and other language. It's not just the two other people witnessing it. Wills are affordable (I do not suggest the internet versions). If the person is unable to afford an attorney there may be a legal aid clinic or law school in the area that offers free services for this type of writing.

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