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no Self-Proving page

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cctrayders123

Junior Member
What is the name of your state (only U.S. law)? Texas
A relative had a valid will done about 10 years ago, with proper witnesses and the Self-proving affidavit also. Then several months before the person died, they had another will done with proper witnesses, but a Self-proving affidavit was not filled out. Would the first will automatically take precedence because of the Self-proving affidavit? Several people are able to testify to the fact that the person was of sound mind etc at the time the second will was drawn. And there was a valid reason that the person would have wanted to make the newer will, property-wise. Thank you in advance for your response.
 


anteater

Senior Member
Then several months before the person died, they had another will done with proper witnesses, but a Self-proving affidavit was not filled out. Would the first will automatically take precedence because of the Self-proving affidavit?
As long as the later will still meets the validity requirements - signature, witnesses, etc. - it is valid. I don't recall the procedure in Texas for proving the will offhand, if not self-proving. The witnesses may have to make an appearance at the probate court. Or maybe affidavits will suffice.
 

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