Texas Probate Code - Section 59. Requisites Of A Will
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Texas Laws > Probate Code > Texas Probate Code - Section 59. Requisites Of A Will
§ 59. REQUISITES OF A WILL. (a) Every last will and
testament, except where otherwise provided by law, shall be in
writing and signed by the testator in person or by another person
for him by his direction and in his presence, and shall, if not
wholly in the handwriting of the testator, be attested by two or
more credible witnesses above the age of fourteen years who shall
subscribe their names thereto in their own handwriting in the
presence of the testator. Such a will or testament may, at the time
of its execution or at any subsequent date during the lifetime of
the testator and the witnesses, be made self-proved, and the
testimony of the witnesses in the probate thereof may be made
unnecessary, by the affidavits of the testator and the attesting
witnesses, made before an officer authorized to administer oaths
under the laws of this State. Provided that nothing shall require
an affidavit or certificate of any testator or testatrix as a
prerequisite to self-proof of a will or testament other than the
certificate set out below. The affidavits shall be evidenced by a
certificate, with official seal affixed, of such officer attached
or annexed to such will or testament in form and contents
substantially as follows:
THE STATE OF TEXAS
COUNTY OF ________________
Before me, the undersigned authority, on this day personally
appeared _______________, _______________, and _______________,
known to me to be the testator and the witnesses, respectively,
whose names are subscribed to the annexed or foregoing instrument
in their respective capacities, and, all of said persons being by me
duly sworn, the said _______________, testator, declared to me and
to the said witnesses in my presence that said instrument is his
last will and testament, and that he had willingly made and executed
it as his free act and deed; and the said witnesses, each on his
oath stated to me, in the presence and hearing of the said testator,
that the said testator had declared to them that said instrument is
his last will and testament, and that he executed same as such and
wanted each of them to sign it as a witness; and upon their oaths
each witness stated further that they did sign the same as witnesses
in the presence of the said testator and at his request; that he was
at that time eighteen years of age or over (or being under such age,
was or had been lawfully married, or was then a member of the armed
forces of the United States or of an auxiliary thereof or of the
Maritime Service) and was of sound mind; and that each of said
witnesses was then at least fourteen years of age.
_________________________________
Testator
_________________________________
Witness
_________________________________
Witness
Subscribed and sworn to before me by the said ____________,
testator, and by the said ________________ and _______________,
witnesses, this ______ day of ________________ A.D.
________________.
(SEAL)_____________ (Signed) (Official Capacity of Officer)
(b) An affidavit in form and content substantially as
provided by Subsection (a) of this section is a "self-proving
affidavit." A will with a self-proving affidavit subscribed and
sworn to by the testator and witnesses attached or annexed to the
will is a "self-proved will." Substantial compliance with the form
of such affidavit shall suffice to cause the will to be self-proved.
For this purpose, an affidavit that is subscribed and acknowledged
by the testator and subscribed and sworn to by the witnesses would
suffice as being in substantial compliance. A signature on a
self-proving affidavit is considered a signature to the will if
necessary to prove that the will was signed by the testator or
witnesses, or both, but in that case, the will may not be considered
a self-proved will.
(c) A self-proved will may be admitted to probate without
the testimony of any subscribing witness, but otherwise it shall be
treated no differently than a will not self-proved. In particular
and without limiting the generality of the foregoing, a self-proved
will may be contested, or revoked or amended by a codicil in exactly
the same fashion as a will not self-proved.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended by
Acts 1961, 57th Leg., p. 936, ch. 412, § 1, eff. June 17, 1961;
Acts 1969, 61st Leg., p. 1922, ch. 641, § 5, eff. June 12, 1969;
Acts 1971, 62nd Leg., p. 974, ch. 173, § 5, eff. Jan. 1, 1972;
Acts 1991, 72nd Leg., ch. 895, § 7, eff. Sept. 1, 1991.
Section: 55 56 57 58 58a 58b 58c 59 59A 60 61 62 63 64 65
Last modified: August 11, 2007
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