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Usually, a valid execution of a will requires two witnesses and a notary to sign at the same time as the testator or the person whose will it is. In this area, we actually tried a trial, won the case, and won on appeal—the case that determines how those Witnesses, the testator, and the notary must interact at the signing. Once you leave this area, we don’t have that level of protection, and there’s some uncertainty in Texas. But in this area, thanks to the case we tried, we know.
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The Woodlands, TX estates & probate attorney Steven C. Earl discusses what is required for a valid execution of my will. He explains that, typically, a valid execution of a will requires the signatures of two witnesses and a notary, all at the same time as the testator. In this jurisdiction, his firm successfully tried a case—and later won on appeal—that established the precise requirements for how witnesses, the testator, and the notary must interact during the signing process. Outside this area, such protections are less certain, and ambiguity remains under Texas law. However, in this jurisdiction, thanks to the precedent set by the case his firm litigated, the requirements are clear.