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TEXAS PROBATE ATTORNEY: WHAT IS A SELF-PROVING AFFIDAVIT FOR A WILL?

Posted on | August 23, 2011 | No Comments

TEXAS PROBATE ATTORNEY: WHAT IS A SELF-PROVING AFFIDAVIT FOR A WILL?

Texas courts allow self-proving affidavits to validate a will without requiring family members or friends to offer testimony or evidence at a hearing to determine if the Will is really that of the decedent.

The self-proving affidavit is made and signed at the same time as the Will. It requires a declaration from two witnesses that the author of the Will signed it voluntarily, was of sound mind and that the document was in fact the author’s Will.

The author of the Will, as well as the two above-described witnesses are required to sign the self-proving affidavit in the presence of a notary public. The witness must not be beneficiaries or related to the testator or the family. The notary also must sign the document, swearing that the witnesses signed the document in his or her presence.

Adding a self-proving affidavit to your Will will save any heirs the time and trouble of proving to the courts that the Will you created is really yours. If you need help drafting your Will to include a self-proving affidavit, please contact the Wright Firm, LLP today at 972-353-4600 or visit our website at www.thewrightlawyers.com .

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