Legal Question in Wills and Trusts in Texas

Re: Will witnesses

In Texas, a will requires two witnesses. The state

provided for a very advanced form of probate called

an independent administration. This state also

allows a will to be "self proved", i.e. the witnesses

do not have to appear in court to "prove up" the

will if their signatures have been notarized at

the time of signing of the will. Three signatures

don't mean anything, it is only two that count. A will

does not have to be notarized but when the will is

probated, one of the witnesses (or someone familiar

with the decedents signature) will have to appear

in court to "prove" the signature of the decedent.

To sell a home where one of the spouses has died,

and the house was community property at the time

of the first to die, you would need to (a) probate

the will of the first to die or (b) file an affidavit

of heirship showing that the first spouse died and

who would be her heirs. A death certificate won't

do the job.