Texas Self-Proving Affidavit Explained

A Texas self-proving affidavit is a separate document attached to a will that verifies its authenticity. Its primary purpose is to streamline the probate process by eliminating the need for witnesses to appear in court and testify that they saw the testator (the person making the will) sign the will. This saves time and money, making the process smoother for the deceased's family.

What it's for

The self-proving affidavit serves as a sworn statement by the testator and the witnesses, affirming under oath that all the legal requirements for a valid Texas will were met at the time of signing. These requirements include:

• The testator was of sound mind and over the age of 18 (or lawfully married or in the armed forces).

• The testator voluntarily signed the will in the presence of the witnesses.

• The witnesses signed the will in the presence of the testator.

By including this affidavit, the will is considered "self-proved," and the court can accept it as valid without further testimony from the witnesses, unless the will is contested.

When to use it

You should use a self-proving affidavit when creating a will in Texas to make the future probate process as easy as possible. While not legally required for a will to be valid, it's a standard and highly recommended part of estate planning.

It is especially useful in situations where:

• Witnesses may be unavailable: The witnesses may move away, become ill, or pass away before the will needs to be probated.

• The will is signed a long time before probate: If many years pass between the signing of the will and the testator's death, the witnesses may not remember the details of the signing.

The self-proving affidavit must be signed by the testator and witnesses in the presence of a notary public, who must also sign and affix their seal. It's often signed at the same time as the will itself, though it can be added later as long as the original witnesses are available to sign it.

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Please remember that I am not a lawyer and cannot provide legal advice.