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Texas Self-Proving Affidavit Template
State of Texas
County of __________
Before me, the undersigned authority, on this day personally appeared:
- Name of Testator: _____________________________
- Name of Witness 1: ___________________________
- Name of Witness 2: ___________________________
Who, being duly sworn, do hereby make this affidavit and testify as follows:
- The Testator, _______________, signed the Last Will and Testament on ___________ (date).
- Each witness, _______________ and _______________, was present at the same time and witnessed the signing of the Last Will and Testament.
- The Testator was of sound mind and over the age of 18 on the date of the signing.
- Each witness declares that they are not a beneficiary in the Last Will and Testament of the Testator.
IN WITNESS WHEREOF, the Testator and the witnesses have subscribed their names on the date first above written.
______________________________
Signature of Testator
______________________________
Signature of Witness 1
______________________________
Signature of Witness 2
Subscribed and sworn to before me this _____ day of ____________, 20__.
_____________________________________
Notary Public in and for the State of Texas
My commission expires: ________________
Form Data
| Fact Name | Description |
|---|---|
| Purpose | The Texas Self-Proving Affidavit allows a will to be validated without the need for witnesses to testify in court. |
| Governing Law | This form is governed by Texas Estates Code, Section 251.104. |
| Signatories | The testator (the person making the will) and two witnesses must sign the affidavit. |
| Notarization | A notary public must notarize the Self-Proving Affidavit to ensure its validity. |
| Benefits | Using this affidavit can speed up the probate process by eliminating the need for witness testimony. |
| Format | The affidavit must be in a specific format as outlined in the Texas Estates Code. |
| Timing | The Self-Proving Affidavit should be executed at the same time as the will, but can also be done later. |
| Revocation | Revoking a will does not automatically revoke the Self-Proving Affidavit; it must be addressed separately. |
| Storage | It’s important to keep the Self-Proving Affidavit with the original will to ensure easy access during probate. |
| State-Specific | This affidavit is specific to Texas and may not be valid in other states without modifications. |
Texas Self-Proving Affidavit - Usage Guidelines
After obtaining the Texas Self-Proving Affidavit form, you will need to complete it accurately to ensure its validity. The following steps will guide you through the process of filling out the form correctly.
- Begin by entering the name of the testator at the top of the form. This is the person whose will is being proved.
- Provide the date of the will. This is essential for establishing the order of documents.
- List the names and addresses of the witnesses. You need at least two witnesses who can attest to the signing of the will.
- In the designated area, both witnesses should sign the form. Ensure that they do this in the presence of the testator.
- Next, the testator must sign the form. This should be done after the witnesses have signed.
- Fill in the notary section. A notary public must witness the signing of the affidavit. The notary will complete this section after verifying the identities of the testator and witnesses.
- Finally, review the completed form for accuracy. Ensure all names, dates, and signatures are correct before submitting or storing the document.
Some Other Self-Proving Affidavit State Templates
Self Proving Affidavit for Will - This form is particularly useful when a will is contested or questions arise about its authenticity.
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Dos and Don'ts
When filling out the Texas Self-Proving Affidavit form, it is important to approach the task with care. This document serves a significant purpose in the probate process, so following the right steps can help ensure its validity.
- Do read the entire form carefully before starting to fill it out.
- Do ensure that all required information is complete and accurate.
- Do sign the affidavit in the presence of a notary public.
- Do have witnesses sign the affidavit if required by Texas law.
- Don't leave any sections blank; incomplete forms may be rejected.
- Don't rush through the process; take your time to avoid mistakes.
- Don't forget to include the date of signing; this is crucial for legal purposes.
- Don't use any alterations or corrections on the form; this could invalidate it.
By adhering to these guidelines, you can help ensure that your Self-Proving Affidavit is completed correctly and is ready for submission.
Common mistakes
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Missing Signatures: One common mistake is forgetting to have all required parties sign the affidavit. Both the testator and the witnesses must sign the document for it to be valid.
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Incorrect Witness Information: People often provide inaccurate details about the witnesses. Ensure that each witness's name, address, and relationship to the testator are clearly stated.
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Not Using the Correct Form: Some individuals mistakenly use an outdated version of the affidavit. Always verify that you have the latest version to avoid complications later.
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Failing to Notarize: A frequent oversight is neglecting to have the affidavit notarized. This step is crucial for the document's acceptance in court.