Can I Add a Self-Proving Affidavit to a Holographic Will?
I have written before about the benefit of adding a self-proving affidavit to an attested Will. Doing so typically save time and expense because it eliminates the need that sworn testimony from witnesses will be required to prove up the Will as the decedent’s Last Will and Testament.
Holographic Wills can also be self-proved, which will eliminate the need for testimony from two people familiar with the testator’s own handwriting to prove it up.
According to Section 251.107 of the Texas Estates Code, a holographic Will can be made self-proved at any time during the testator’s lifetime by attaching an affidavit signed by the testator stating:
- The instrument is the testator’s Will;
- The testator was 18 years of age or older when the Will was executed or, if the testator was younger than 18, that the testator was or had been married, or was a member of the U.S. Armed Forces, an auxiliary of the armed forces, or the U.S. Maritime Service.
- The testator was of sound mind; and
- The testator has not revoked the Will
The affidavit must be notarized and then be attached to the Will.