Is It Possible To Name Guardians for My Children Without a Will?

Many parents name guardians for their children in their wills, but the Texas Probate Code also provides a means of legally naming a guardian in a separate document. The statutes provide that a parent may declare a guardian for their children in a document that is:

  1. Written wholly in the handwriting of the person making the declaration; or
  2. Signed in the presence of at least two credible witnesses 14 years or older who are not named as guardian or alternate guardian in the declaration.

It is also possible to attach a self-proving affidavit signed by the parent and the two witnesses attesting to the competence of the parent, and the execution of the declaration.

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