People who make the effort to establish estate plans want to ensure that they are valid. Each document that people draft may have different requirements. A will is the most common testamentary instrument. People of all ages and backgrounds may draft wills to designate a personal representative to administer their estate, provide inheritances for specific beneficiaries and name a guardian for their children. Wills guide the personal representative of the estate during estate administration.
However, for the will to have authority, it must adhere to state statutes. Sometimes, interested parties, including beneficiaries and family members, may contest or challenge a will by insisting it doesn’t meet legal standards. Is notarization one of the basic legal requirements for a valid will?
Witnesses are mandatory
Notaries in Texas are adults who reside in Texas. They need to pass a criminal background check that shows they have no convictions for felony offenses or crimes of moral turpitude. They must deposit a surety bond with the state and take an oath. They can then validate the identity of the people signing documents that they notarize. They play a role in many document signings, such as home closings.
Thankfully, notarization is not necessary to create a valid will as long as the testator and two witnesses sign. Regardless of the circumstances, the person drafting the will usually needs to sign the document themselves or authorize another person to sign if they physically cannot do so.
They also need to have witnesses present. Those witnesses must sign the will. The state requires two witnesses who are at least 14 years of age to sign a will at the same time that the testator does or after hearing them validate that they drafted and signed the document earlier.
Usually, best practices include selecting witnesses who do not have a direct interest in the estate. Choosing beneficiaries as witnesses could lead to questions about undue influence. A notary could potentially serve as a witness to a will, but a notary’s presence and seal are not mandatory for the creation of a will.
Testators who ensure that their documents meet all of the necessary standards can take control of their legacy and ensure the comfort and support of their loved ones. Having the right help, including the support of at least two witnesses, can help people create valid and enforceable wills.