Dallas Probate Attorney: Probate Legislation Update 2011

Posted on | November 1, 2011 | No Comments

Dallas Probate Attorney:

The 82^nd Texas Legislature passed new legislation that became effective on September 1, 2011, which included several changes to the Texas Probate Code. One of the most notable changes is to Section 59 of the Probate Code. Specifically, SB 1198 amends Section 59 to allow for an additional process for a will to be qualified as self-proved.

Pursuant to the old way, the testator of the will and his or her witnesses had to sign the will in multiple locations for the will to be considered self-proved; once under the attestation clause and once under the self-proving affidavit. The new legislation allows the attestation clause and self-proving affidavit to be combined, therefore bringing ease and simplicity to the execution of wills.

The change is not mandatory, but is optional depending on the preference of either the drafting attorney or testator. The new self-proving procedure is available for wills signed on or after September 1, 2011.

If you or a family member needs Estate Planning advice, please contact The Wright Firm, LLP for a consultation at 972-353-4600 or visit us on the web at www.thewrightlawyers.com.

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