The short answer is no. Texas law doesn’t require a will to be notarized in order for it to be valid.
That said, a valid Texas will must meet certain requirements for it to be valid, and the required formalities depend on what type of will it is.
There are two types of Wills recogized under Texas law: attested wills and holographic wills.
What is an Attested Will?
An attested will is the most common type of Will. People who have worked with an attorney to prepare your estate plan will sign an attested will.
To be valid under Texas law, an attested will must be in writing, signed by you. If you’re unable to sign it for yourself, another person can sign for you, but only at your direction and in your presence. An attested Will must also be signed by at least two credible witnesses over the age of 14, who must sign in your presence. If an attested will is not signed by witnesses, it will not be valid.
What is a Holographic Will?
A holographic will is a will that is written completely in your own handwriting, and signed by you. It is not necessary for witnesses to sign a holographic will.
Although holographic wills are legally recognized in Texas and can work in some situations, they are sometimes a risky choice. They can sometimes be difficult to interpret, have inconsistent provisions, lack a residuary clause, and elicit questions about their authenticity. For an example, read: A Holographic Will That Worked…But at What Cost? For these reasons most attorney recommend attested wills .
Why are Wills Notarized?
Although notarization is not required for a will to be valid, Texas law does allow you to add a self-proving affidavit to the will. A self-proving affidavit is a separate sworn statement signed by you and two witnesses in front of a notary public. It confirms that the will was signed and witnessed properly, but the absence of a self-proving affidavit does not invalidate the will.
If you’re thinking about creating or updating your will an experienced estate planning attorney can help ensure that your will is signed with all the legal formalities, a self-proving affidavit is included and your will accomplishes your estate planning goals and protects the people you love most.
