Self-Proved Will in Texas: Why the Affidavit Matters
A self-proved will includes an affidavit signed by the testator and two witnesses before a notary. The affidavit lets the probate court accept the will without calling a witness to testify years later. In Texas, a valid will must be in writing, signed by the testator, and witnessed by two people over 14, and adding the affidavit makes probate faster and avoids the risk that a witness cannot be found.
What makes a Texas will valid
- The testator is 18 or older (or married or in the armed forces) and of sound mind.
- The will is in writing and signed by the testator, or by someone else in their presence and at their direction.
- Two or more credible witnesses over the age of 14 sign in the testator's presence.
A will written entirely in the testator's handwriting and signed can be valid without witnesses, but proving it later takes more evidence. Typed wills with witnesses are the standard.
What the affidavit does
Without a self-proving affidavit, the court needs a witness to the will to testify that it was properly signed, or other proof. That can be hard if the witnesses moved, died, or cannot be located. With the affidavit, signed at the time of signing under oath before a notary, the court can admit the will on the written statement.
How to sign it correctly
- The testator and both witnesses gather in front of a notary.
- The testator signs the will, then the witnesses sign in the testator's presence.
- The testator and witnesses sign the self-proving affidavit under oath, and the notary acknowledges it.
- Keep the original in a safe place and tell the executor where it is.
Most attorneys attach the affidavit to the will so there is a single document.
Common mistakes
- Using a beneficiary as a witness. A will can still be valid, but the witness may lose their gift, so use disinterested witnesses.
- Signing out of order or in separate rooms.
- Making handwritten changes after signing. These can be ignored or can cause disputes. Use a codicil or a new will.
- Losing the original. A copy is much harder to probate.
Next steps
If you already have a will, check whether it has a self-proving affidavit. If not, an attorney can often add one through a signed supplement. See also the pour-over will that goes with a trust.
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Book Free ConsultationFrequently asked questions
Do I need a notary for a Texas will?
A notary is not required for validity, but the self-proving affidavit is notarized, which is why most wills are signed in front of one.
Can my spouse be a witness?
A spouse who is a beneficiary may lose their gift if they act as a witness, so use disinterested people.
Is an old will still valid?
Generally yes, unless revoked. But life changes, so review it. Marriage, divorce or new children may affect the plan.
Can I make a will online?
Texas allows electronic wills in some circumstances with specific formalities. A signed paper will with a self-proving affidavit remains the safest path.