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Intestate In Texas?

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PEJones

Junior Member
What is the name of your state (only U.S. law)? Texas. I have a copy of a signed will where I am named the Executor. However, while the will is signed by the Testator and three witnesses it does not appear to have been Notarized. Is this will valid in Texas, and if not what are the rules for Intestate probates in Texas.
As my friend knew his health was rapidly failing, many of the provisions of the will, leaving various possessions and selling his house, were carried out before his death. The only remaining assets are a 15K checking account and a 7 year old car. Knows debts are in the 8k range.
 


anteater

Senior Member
What is the name of your state (only U.S. law)? Texas. I have a copy of a signed will where I am named the Executor. However, while the will is signed by the Testator and three witnesses it does not appear to have been Notarized. Is this will valid in Texas, and if not what are the rules for Intestate probates in Texas.
As my friend knew his health was rapidly failing, many of the provisions of the will, leaving various possessions and selling his house, were carried out before his death. The only remaining assets are a 15K checking account and a 7 year old car. Knows debts are in the 8k range.
It does not need to be notarized. But, if it had been, it would probably have been what is known as "self-proving" meaning that the witnesses would not be required to appear before or submit affidavits to the court to attest that the testator affirmed to them that it was his will.

Not sure how to suggest that you do this easily. As I recall, Texas has a small estate affidavit procedure, but that only applies if there is no will. And there is another process called probate of the will as a muniment of title. But I believe that you would have to affirm to the court that all creditors had already been paid to use it.
 

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