Legal Question in Wills and Trusts in Texas

Re: Will Authentication

In Texas, wills generally have a self proving affidavit, that is signed by the Testator (your father in law) as well as at least two witnesses and a notary.

It is not necessary to have a lawyer's signature on the will. Generally lawyers don't want to be witnesses to wills for reasons that are not important here.

If you question the validity of the will, it would be prudent to have a lawyer who spends a majority of their time writing wills and trusts to take a quick look at it.

Re: Will Authentication

If you do not have a notarized self-proving affidavit on the will, it will be more expensive to probate if the court does not allow an independent administration. Most attorneys charge from $250 - $500 for a simple will and it is well worth the investment.

Re: Will Authentication

If your father-in-law has signed it as well, it is a legal document. However, when the time comes to probate the will, at least one of the witnesses will be needed to testify. That's why most wills drawn up by Texas attorneys have a self-proved affidavit attached to the will.

Wills are usually not expensive, unless you have a complicated, or tax-planned, estate. It's well worth the investment to have a will properly drawn by an attorney, because the cost of probating the estate will be substantially reduced far past the cost of the will itself.