Do Wills Need to Be Notarized in Texas?

No, a will does not need to be notarized in Texas to be legally valid. However, adding a self-proving affidavit (which does require notarization) can significantly streamline the probate process. When creating a will or testament in Texas, you have the option to include this self-proving feature, which is where a notary public becomes necessary.

A notary public is someone appointed by the government of Texas, so this individual is completely independent and impartial. The notary's role isn't to validate the will itself, but rather to authenticate the self-proving affidavit that accompanies it.

The Role of Witnesses in Texas Will Execution

Under Texas law, properly notarized wills make the probate process much more efficient, but the role of witnesses shouldn't be overlooked. Texas requires at least two witnesses over the age of 14 who are not beneficiaries of the will. These witnesses must observe you signing the document and then sign it themselves in your presence.

Why are witnesses so crucial? They provide testimony that you were of sound mind when you created the will, that you weren't under duress, and that the document reflects your true wishes. This becomes especially important if someone contests your will after your death. When selecting witnesses, choose people who are likely to be available in the future if your executor needs them to verify the will's authenticity.

Notarization Process in Texas - Complex Estate Planning Situtations

You Are Designating Guardianship of Minor Children.

When designating guardianship of minor children, Texas requires that you notarize your will. Notarization means that the signatures are authentic, so there is no doubt that the wishes expressed in the document belong to the parent. Many Texas residents make this a priority when creating their estate plans.

This is highly important because relatives of the deceased may begin to argue about who will take the children, but notarizing your will reduces this possibility. If they decide to fight anyway, the court will have standing to ensure that your wishes go into effect. In Texas, clear documentation helps your executor navigate these sensitive situations.

The Asset Distribution Is Complex.

This is a time when notarization is necessary. For example, you have several assets that must be divided between several beneficiaries with specific conditions attached. These assets may be valuable artwork, real estate or businesses.

In this case, notarization ensures that everything written in the will adheres to the state law of Texas. This is important because heirs often fight amongst themselves when large assets are concerned, but notarization makes it less likely that your heirs will cause these problems. Proper succession planning through notarization can prevent family conflicts. Your executor will need to make important decisions about asset distribution, so clarity is essential.

The Assets Are Located in Multiple Jurisdictions.

You need to manage assets located in multiple jurisdictions. These assets, including property in different locations, will be subject to different probate laws and compliance requirements, and this will complicate the probate process. Texas law regarding wills may differ from laws in other states where you own property.

Because it is more complicated, some heirs may decide to dispute the deceased's wishes. If the will is notarized, this is less likely to cause the court to refuse to do what you wanted done because the document will be valid. Then, your wishes will be respected throughout the probate process. Experienced Texas attorneys can help make your multi-jurisdictional estate plan more robust.

You Are Concerned about Undue Influence.

You believe that a family member or caregiver has the potential to exert "undue influence" on the will's creator. When this occurs, it often leads someone to contest the will, and disputes during the probate process takes much longer to complete.

Although interested parties can contest a will even if it is notarized, you can create a will that is less likely to lose a challenge. You must ensure that you inform your attorney that your will may be contested. He or she will create a will that gives legal force to every term to prevent this. Texas courts examine such cases carefully, and your executor should be prepared to defend the will's validity.

What Happens if a Will Isn’t Notarized in Texas?

Nothing will necessarily happen if your will is not notarized. It can still be a valid will and go through probate without issues. A holographic will, which is entirely handwritten, signed, and dated by the testator, is also valid in Texas without notarization. However, Texas legal experts often recommend notarization to make the probate process smoother.

Legal Hurdles and Challenges

If your will is not notarized, interested parties can challenge its validity. To be considered authentic, it must be notarized. Otherwise, the court cannot determine that a non-notarized will is authentic and signed by the deceased without summoning witnesses.

If there is a question about validity, the court cannot implement the decedent's wishes. The court will need to call the witnesses, and as was mentioned above, this can lead to complications. If you die intestate (without a valid will), Texas law will determine how your assets are distributed. Current Texas law provides specific guidelines for how to make a valid will, with or without notarization.

This process also requires those contesting the will to hire representation, and this causes the process to become more expensive and even causes delays. The court would also be required to perform additional legal scrutiny during the probate process.

The above-described scenario is a nightmare for heirs and is something that you will want to prevent for them.

Probate Proceedings with Non-Notarized Wills

You may probate a will that is not notarized, but this may open you up to legal hurdles and challenges. If a will is not notarized, it can still be valid, and if it is, you can probate it. However, anyone can contest this will and question its authenticity. Understanding how wills work in Texas can help you avoid potential issues.

Are There Any Situations Where Notarizing a Will Is Unnecessary in Texas?

Notarizing a will does not mean that it holds more weight in court than a non-notarized will. This is a misconception. If a non-notarized will has two signatures, it is equal to a formal notarized will.

If the situations for notarizing your will listed above do not apply to you, you do not need to notarize it. However, you may choose to include a self-proving affidavit to ensure that the probate process goes smoothly. The law provides several options to make your estate plan legally sound in Texas.

If you do not have this, you would need to ask the witnesses to the will signing to come into the court and testify that they witnessed the testator sign the will. If the will was created several years ago and the witnesses have passed away, this fact would complicate this matter.

A self-proving affidavit takes the place of witnesses and prevents the need to spend additional time and money during the probate process.

A Practical Guide to Notarizing Your Will in Texas

Finding a Notary Public in Texas

Understanding how to properly notarize wills in Texas is essential for ensuring they stand up in court. You may search for a notary public by visiting the website of the American Association of Notaries.

This website makes it very simple to find a notary online. For additional information and resources, you can contact the Secretary of State's office which also has a website that allows you to search for a notary.

If you need a notary to travel to where you are, you may find a mobile notary on this website.

You may also visit the website of the National Notary Association where you can find a notary near you or a notary who will travel to your place of business or home. You can also hire a remote online notary. Texas residents have many options to make their wills legally binding.

Meeting with the Notary

When you meet with a notary public, who acts as an agent of the state, you will need to verify your identity. You can do this by presenting your government-issued ID that has your picture and signature. If you do not have a government-issued ID, you may take a selfie of yourself holding a secondary ID.

Before signing your will, your notary public ensures that you understand the document you are signing and verifies that you have the mental capacity to make these decisions.

The notary will then administer oaths and affirmations and you will sign your will in front of the notary public. After signing the will, the notary public acknowledges that you signed the document. When you make your will official this way, it helps your future executor carry out your wishes more efficiently.

Storing Your Notarized Will

You may store your notarized will at your attorney's office, in a safe deposit box, at a County Clerk's Office or in a water-proof and fire-proof safe in your home. Consider your privacy needs when choosing where to store your will, and always inform your designated executor of its location.

Many community centers also offer document storage services for residents. The law requires your executor to present the original will during probate, so make sure they can access it when needed.

Completing the Notarization Process

People often put off estate planning because the thought of you or your spouse dying is unpleasant, but it is important to have a plan in place that ensures that your final wishes come to fruition.

Understanding the notarization process keeps your family members from disputing legal issues, and this is the best reason to have an estate plan in place. Begin this necessary planning process by contacting a probate attorney, or you can begin on your own. Your executor will appreciate your thoroughness when the time comes to fulfill their duties under Texas law.

If you need further assistance or would like to have professional help with this matter, contact a probate attorney today.