How to Notarize a Will in Texas: Step-by-Step Guide 2024
How to Notarize a Will in Texas: Step-by-Step Guide 2024
Notarizing your will in Texas is crucial for ensuring it's legally valid and can be easily probated after your death. While Texas doesn't require notarization for a will to be valid, a "self-proving" affidavit (which requires notarization) makes the probate process much smoother. This guide covers everything you need to know about notarizing your will in Texas.
Why Notarize Your Will in Texas?
Legal Benefits:
- Self-proving affidavit: Makes will valid without witness testimony in probate
- Faster probate: Reduces court delays and witness requirements
- Legal protection: Provides additional legal validity
- Prevents challenges: Makes will harder to contest
Without Notarization:
- Will is still valid if properly witnessed
- Probate may require witness testimony
- More time-consuming probate process
- Potential for will contests
Types of Wills in Texas
1. Holographic Will
- Handwritten by testator
- Signed and dated
- Notarization: Not required, but recommended
2. Attested Will
- Typed or printed
- Signed by testator
- Witnessed by two witnesses
- Notarization: Not required, but self-proving affidavit recommended
3. Self-Proving Will
- Attested will with self-proving affidavit
- Signed by testator and witnesses
- Notarization: Required for self-proving affidavit
Requirements for Notarizing a Will in Texas
What You Need:
- Completed will: Document ready to sign (but not yet signed)
- Valid photo ID: Driver's license, passport, or state ID
- Two witnesses: Must be present and have valid ID
- Mental capacity: Must understand what you're signing
- Notary: Texas-commissioned notary public
What the Notary Will Do:
- Verify your identity
- Confirm you're signing voluntarily
- Witness your signature
- Notarize witness signatures
- Notarize self-proving affidavit (if included)
- Apply notary seal and signature
Step-by-Step Process
Step 1: Prepare Your Will
- Complete all required sections
- Leave signature lines blank
- Include self-proving affidavit (recommended)
- Review carefully for accuracy
Step 2: Find a Notary
- Mobile notary: We come to you (home, office, hospital)
- Bank notary: Often free for account holders
- Attorney's office: Many have notaries on staff
- Title company: Often have notaries available
Step 3: Arrange Witnesses
- Two witnesses required: Must be present
- Witness requirements:
- Must be 14+ years old
- Must be mentally competent
- Cannot be beneficiaries in the will
- Must have valid ID
Step 4: Schedule Appointment
- Choose convenient time and location
- Ensure witnesses can attend
- Confirm notary availability
- Prepare all required documents
Step 5: Sign in Notary's Presence
- Testator signs: You sign the will
- Witnesses sign: Two witnesses sign
- Notary notarizes: Notary witnesses all signatures
- Self-proving affidavit: Notary notarizes affidavit
Step 6: Receive Notarized Will
- Notary returns completed will
- Keep original in safe place
- Provide copies to executor and attorney
- Store securely (safe deposit box, attorney's office)
Self-Proving Affidavit
What It Is:
A sworn statement attached to your will that proves:
- You signed the will voluntarily
- Witnesses were present
- Will was properly executed
Benefits:
- Faster probate: No need for witness testimony
- Reduced costs: Less court time required
- Legal protection: Additional validity
- Prevents challenges: Harder to contest
Requirements:
- Signed by testator
- Signed by two witnesses
- Notarized by notary public
- Attached to will
Cost to Notarize a Will in Texas
Standard Fees:
- Basic notarization: $10-$15 per signature (state maximum)
- Mobile notary: $75-$150+ (includes travel)
- Self-proving affidavit: Additional notarization fee
- Multiple signatures: Each signature requires separate notarization
What's Included:
- Notary seal and signature
- Identity verification
- Witnessing signatures
- Notary journal entry
- Self-proving affidavit notarization (if requested)
Common Mistakes to Avoid
1. Signing Before Meeting Notary
Mistake: Signing will before notary arrives Solution: Wait to sign until notary is present
2. Wrong Witnesses
Mistake: Using beneficiaries as witnesses Solution: Use neutral witnesses who aren't beneficiaries
3. Missing Self-Proving Affidavit
Mistake: Not including self-proving affidavit Solution: Include self-proving affidavit for easier probate
4. Expired ID
Mistake: Bringing expired ID Solution: Ensure ID is current and valid
5. Incomplete Will
Mistake: Will missing required sections Solution: Complete all sections before notarization
Where to Get Your Will Notarized
Mobile Notary Services
Houston Mobile Notary Pros offers convenient mobile notary services for wills:
- Home visits: We come to your location
- Hospital visits: Available for bedridden clients
- Office visits: Meet at your workplace
- Same-day service: Available for urgent needs
- Evening/weekend: Flexible scheduling
Book an appointment for will notarization.
Other Options:
- Attorney's office: Many have notaries on staff
- Bank notary: Often free for account holders
- Title company: Often have notaries available
- UPS Store/FedEx: Commercial notaries
Will Notarization Checklist
Before Appointment:
- [ ] Will is complete and reviewed
- [ ] Self-proving affidavit included
- [ ] Two witnesses arranged
- [ ] Valid photo ID ready
- [ ] Appointment scheduled
- [ ] Location confirmed
At Appointment:
- [ ] Present valid ID
- [ ] Review will with notary
- [ ] Sign will in notary's presence
- [ ] Witnesses sign
- [ ] Notary notarizes all signatures
- [ ] Receive notarized will
After Appointment:
- [ ] Store original will securely
- [ ] Provide copies to executor
- [ ] Provide copy to attorney
- [ ] Keep copy for your records
- [ ] Update if circumstances change
Frequently Asked Questions
Is notarization required for a will in Texas?
No, notarization is not required for a will to be valid in Texas. However, a self-proving affidavit (which requires notarization) makes probate much easier.
What is a self-proving affidavit?
A sworn statement attached to your will that proves proper execution, eliminating the need for witness testimony in probate court.
Do I need witnesses if I notarize my will?
Yes, Texas requires two witnesses for an attested will, regardless of notarization. The notary can serve as one witness, but two separate witnesses are still required.
Can beneficiaries be witnesses?
No, beneficiaries should not serve as witnesses. Use neutral witnesses who aren't named in the will.
How much does it cost to notarize a will?
Basic notarization costs $10-$15 per signature. Mobile notary services cost $75-$150+ including travel. Self-proving affidavit adds additional fees.
Can I notarize my will online?
Yes, Remote Online Notarization (RON) is available in Texas for wills, but some prefer in-person notarization for such important documents.
What happens if my will isn't notarized?
Your will is still valid if properly witnessed, but probate may require witness testimony and take longer.
Why Choose Houston Mobile Notary Pros
- Experienced: We've notarized hundreds of wills
- Convenient: We come to your location
- Professional: Licensed and insured notaries
- Flexible: Evening and weekend appointments
- Knowledgeable: Understand will requirements
- Discreet: Respectful of sensitive situations
Next Steps
Ready to notarize your will? Book an appointment with Houston Mobile Notary Pros. We'll ensure your will is properly notarized and legally valid.
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Need help with your documents?
If you're in Texas City, Webster, Clear Lake, or the Houston area and need a notary to come to you — evenings, weekends, or at a hospital — we've got you covered.