Title ES, Estates Code

Sec. 251.053. EXCEPTION FOR FOREIGN AND CERTAIN OTHER WILLS. A written will does not need to meet the requirements of Section 251.051 if the will is executed in compliance with: (1) the law of the state or foreign country where the will was executed, as that law existed at the ti…

Sec. 251.101. SELF-PROVED WILL. A self-proved will is a will: (1) to which a self-proving affidavit subscribed and sworn to by the testator and witnesses is attached or annexed; or (2) that is simultaneously executed, attested, and made self-proved as provided by Section 251.1045…

Sec. 251.102. PROBATE AND TREATMENT OF SELF-PROVED WILL. (a) A self-proved will may be admitted to probate without the testimony of any subscribing witnesses if: (1) the testator and witnesses execute a self-proving affidavit; or (2) the will is simultaneously executed, attested,…

Sec. 251.103. PERIOD FOR MAKING ATTESTED WILLS SELF-PROVED. A will that meets the requirements of Section 251.051 may be made self-proved at: (1) the time of the execution of the will; or (2) a later date during the lifetime of the testator and the witnesses. Added by Acts 2009, …

Sec. 251.104. REQUIREMENTS FOR SELF-PROVING AFFIDAVIT. (a) An affidavit that is in form and content substantially as provided by Subsection (e) is a self-proving affidavit. (b) A self-proving affidavit must be made by the testator and by the attesting witnesses before an officer …

Sec. 251.1045. SIMULTANEOUS EXECUTION, ATTESTATION, AND SELF-PROVING. (a) As an alternative to the self-proving of a will by the affidavits of the testator and the attesting witnesses as provided by Section 251.104, a will may be simultaneously executed, attested, and made self-p…

Sec. 251.105. EFFECT OF SIGNATURE ON SELF-PROVING AFFIDAVIT. A signature on a self-proving affidavit is considered a signature to the will if necessary to prove that the will was signed by the testator or witnesses or both, except that, in that case, the will may not be considere…

Sec. 251.106. CONTEST, REVOCATION, OR AMENDMENT OF SELF-PROVED WILL. A self-proved will may be contested, revoked, or amended by a codicil in the same manner as a will that is not self-proved. Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.

Sec. 251.107. SELF-PROVED HOLOGRAPHIC WILL. Notwithstanding any other provision of this subchapter, a will written wholly in the testator's handwriting may be made self-proved at any time during the testator's lifetime by the attachment or annexation to the will of an affidavit b…