A last will and testament is one of the most important documents you’ll ever sign — and getting it notarized properly ensures your wishes are honored without unnecessary delay or legal challenge.
Does a Texas Will Require Notarization?
As covered in an earlier post, a basic Texas will requires two witnesses — not a notary. However, making your will “self-proving” through a notarized affidavit is strongly recommended.
A self-proving will includes a notarized affidavit signed by you and your witnesses that attests:
- You (the testator) signed the will voluntarily
- You appeared to be of sound mind
- You were 18 or older
- You were not under undue influence
This affidavit is signed before a notary, and the notary completes the certificate and applies their seal.
Why Does Self-Proving Matter?
When a non-self-proved will is submitted to probate, the court may require one or both witnesses to appear and testify that the will is valid. If witnesses have moved, died, or are unavailable — this can seriously delay the probate process and cost your family time and money.
A self-proving will eliminates this requirement. The notarized affidavit substitutes for live witness testimony, allowing the will to be admitted to probate without additional proceedings.
Who Needs to Be Present at the Signing?
- You (the testator)
- Two witnesses (must be adults, competent, and not primary beneficiaries under the will — although Texas doesn’t technically prohibit interested witnesses, having disinterested witnesses is best practice)
- The notary (witnesses the affidavit signing, not the will signing itself — in most self-proved will executions)
Can SBK Notary Provide Witnesses?
SBK Notary can coordinate witness arrangements in some cases — just ask when you book. We also work closely with estate planning attorneys who can ensure your will is correctly drafted before we arrive for the signing.
The Signing Appointment
We’ll come to your location — home, attorney’s office, or another comfortable setting. We’ll take the time to ensure everyone present understands their role, every signature is placed correctly, and the notarial certificate is properly completed.
This is your legacy. It deserves to be done right.
Visit www.sbknotary.com or call 469-400-2093 to schedule your will signing.
Important: This article provides general educational information, not legal advice. Document requirements vary by form, transaction, and receiving authority. Consult a licensed attorney or the responsible agency for advice about your situation.
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