Do Attested Wills Have To Be Witnessed If Notarized?

by Rania Combs on July 17, 2013

will imageHaving an attested Will notarized is not a statutory prerequisite to it’s validity.

Rather, to be valid, it must be in writing, signed by the Testator, or another person at his direction and in his presence, and attested in his presence by at least two credible witnesses over the age of 14.

If an attested Will is simply notarized but not signed by two credible witnesses over the age of 14, it will be invalid, regardless of whether it is notarized.

A testator has the option of adding a self-proving affidavit to the Will. A self-proving affidavit is signed by the person making the Will and two witnesses before a notary public.

When a Will is probated, the self-proving affidavit substitutes for in-court testimony of witnesses as to the validity of the Will, which saves considerable time and expense. However, the absence of a self-proving affidavit does not invalidate the Will

Return to Texas Wills and Trust Online home page →

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