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Attorney-Approved Texas Self-Proving Affidavit Template

The Texas Self-Proving Affidavit is a legal document that allows a will to be validated without the need for witnesses to appear in court. This form simplifies the probate process by providing proof of the will's authenticity. Understanding how to properly use this affidavit can save time and effort during estate administration.

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Attorney-Approved Texas Self-Proving Affidavit Template

Contents

Form Example

Texas Self-Proving Affidavit Template

This Self-Proving Affidavit is made under the laws of the State of Texas pursuant to Section 251.104 of the Texas Estates Code. It serves to affirm the validity of a will.

Affidavit of the Testator and Witnesses

We, the undersigned, being first duly sworn, do hereby affirm and declare the following:

Testator Information: This affidavit pertains to the Last Will and Testament of __________ (Testator's Full Name), who resides at __________ (Testator's Address).
Date of Execution: The Will was executed on __________ (Date of Execution).
Witness Information: Witnesses to the Will are as follows:

Name: __________ (Witness 1 Name), Address: __________ (Witness 1 Address)
Name: __________ (Witness 2 Name), Address: __________ (Witness 2 Address)

We affirm that:

The Testator is of sound mind and memory.
The Testator executed the Will freely and voluntarily.
We, the undersigned witnesses, were present at the same time and saw the Testator sign the Will.
The Testator declared to us that the instrument was their Last Will and Testament.

Signatures:

Signed this ____ day of __________, 20___.

Testator's Signature: _____________________________

Witness 1 Signature: _____________________________

Witness 2 Signature: _____________________________

Sworn to and subscribed before me on this ____ day of __________, 20___.

Notary Public Signature: _____________________________

Notary Seal

Other Popular Texas Templates

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Common mistakes

Incomplete Information: Individuals often leave out essential details such as the names and addresses of the witnesses. Each section of the affidavit must be filled out completely to ensure its validity.
Improper Signatures: All parties, including the testator and witnesses, must sign the affidavit. Failing to have all required signatures can lead to challenges in the document's acceptance.
Not Following Notary Requirements: The affidavit must be notarized. Some individuals neglect to have the document properly notarized, which can render it ineffective in legal proceedings.
Incorrect Date: The date on which the affidavit is signed must be accurate. Mistakes in dating can cause confusion regarding the validity of the document.
Witness Eligibility: Witnesses must meet certain eligibility criteria. People sometimes overlook these requirements, leading to potential issues with the affidavit's enforceability.
Not Retaining Copies: Failing to keep copies of the signed affidavit can create problems later. It is crucial to have accessible records for future reference or legal needs.

Key takeaways

The Texas Self-Proving Affidavit is an important document for validating a will. Here are key takeaways to consider when filling out and using this form:

The affidavit must be signed by the testator and two witnesses.
It can be attached to the will at the time of execution or afterward.
Ensure that all parties are present during the signing to avoid future disputes.
The affidavit serves to confirm that the will was executed voluntarily and with sound mind.
Filing the affidavit with the probate court can simplify the probate process.
It is advisable to have the affidavit notarized for added legal credibility.
Keep copies of the signed affidavit with the original will for safekeeping.
Consulting an attorney may be beneficial to ensure compliance with Texas laws.

⇓ Self-Proving Affidavit PDF

Steps to Using Texas Self-Proving Affidavit

After gathering the necessary information, it’s time to fill out the Texas Self-Proving Affidavit form. This document is crucial for validating a will and ensuring its acceptance in probate court. Following these steps will help ensure that the form is completed correctly.

Obtain the form: Access the Texas Self-Proving Affidavit form online or through legal stationery stores.
Fill in the testator’s information: Write the full name and address of the person who created the will (the testator).
Include the date: Enter the date when the will was executed. This is typically found at the beginning of the will.
List the witnesses: Provide the names and addresses of the witnesses who were present when the testator signed the will. Ensure there are at least two witnesses.
Sign the affidavit: The testator should sign the affidavit in the designated space, affirming that the will was signed in their presence.
Witness signatures: Each witness must also sign the affidavit, confirming their presence during the signing of the will.
Notarization: Finally, take the completed affidavit to a notary public. The notary will verify the identities of the signers and notarize the document.

Once the Texas Self-Proving Affidavit is filled out and notarized, it should be kept with the will. This ensures that the will can be easily validated during the probate process, streamlining the legal proceedings for the estate.