Legal Question in Wills and Trusts in Texas
In writing, typing, of a will, If there are two,2, witness signtures as well as the signature of the Testator, does the will have to be notorized?
1 Answer from Attorneys
In Texas, the witness signatures are necessary when the Will is not entirely in the handwriting of the person making their Will. When a notary public participates, the notary is actually only signing what is commonly referred to as a Self-Proving Affidavit. The Self-Proving Affidavit includes the signatures to the testator and the witnesses, and is affixed to the end of the Will itself. This Affidavit is proof of the document's execution, and it is not necessary to make a Will valid. It's primary purpose is to permit the Will to be admitted to probate without the necessity of the witnesses coming down to Court to offer testimony of these facts (often years later.)