Self-Proved Wills in Texas

Self-Proved Wills by Austin estate planning lawyer

Preparing for one’s passing is stressful enough, but it can be aggravated by worries regarding the validity of a will.  Individuals want to ensure that they are leaving something behind for their loved ones, and it would be impossible to properly distribute their property if the court does not find their will to be valid.  Today, many individuals begin the preparation of their will plans years before their death, and it has become rather commonplace to prepare self-proved wills.  Self-proved wills provide a great deal of peace of mind for individuals when they are preparing for their passing, as they are accompanied by a self-proving affidavit which makes it easy to verify a will’s validity and streamline the probate process.

Self-proving affidavits are sworn statements which are used by the court to confirm the validity of a will without making witnesses testify in court.  While the guidelines vary according to state law, a self-proving affidavits must be signed by witnesses, and confirm that the testator conveyed to the witnesses that the will in question was their own, and that they watched the testator sign the will freely and while of sound mind.  Texas law requires a self-proved will to be signed in the presence of two witnesses, who then complete and sign the self-proving affidavit, which is then be signed and notarized by a notary public.  In Texas, both holographic wills and attested wills can be self-proved.

The main advantage of a self-proved will is that it speeds up the process of administering your will after you pass away.  By using self-proving affidavits to verify that the will represents the last wishes of the testator, the executor of the estate will save both time and money in probating the will.  Furthermore, the death of a loved one is already stressful enough, and self-proved wills can ensure that there is not additional stress placed on one’s friends and family members who are tasked with completing the estate’s administrative tasks.  Furthermore, it can provide individuals with peace of mind to know that their property will be disposed of according to their final wishes.  Over the course of a lifetime, one gains a wealth of knowledge and property, which they hope to pass onto their loved ones.  Individuals can live out their last days stress-free, knowing that their self-proved will is easily verifiable, and that they will be able to provide their loved ones with wisdom and financial assets.