Legal Question in Wills and Trusts in Texas
power of attorney /wills
does a will have to be notarized even though it has the decedent's signature and date.
Asked on 1/19/07, 8:35 pm
2 Answers from Attorneys
Peter Bradie
Bradie, Bradie & Bradie
Re: power of attorney /wills
Not if the will is entirely in the testator's handwriting; a holographic will.
Any other will must have two credible witness over 14 years of age, who signed the document in the presence of the testator, as well as the testator's signature. See Probate Code Section 59 for requisites of a valid will.
Answered on 1/21/07, 4:55 pm
Cheryl Rivera Smith
The Smith Law Firm
Re: power of attorney /wills
No, but the court may not allow an independent administration and it needs to accept it as authentic. Extrinsic evidence may be required.
Answered on 1/20/07, 7:58 am
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