Once your Estate Planning Documents have been completed, the last and MOST IMPORTANT step is the signing.
Specific parameters must be followed during a document signing in order for the documents to be considered valid in Texas, as stated by The Texas Estates Code.
The Texas Estates Code states the following Last Will and Testament requirements:
SUBCHAPTER B. WILL REQUIREMENTS
Sec. 251.051. WRITTEN, SIGNED, AND ATTESTED. Except as otherwise provided by law, a will must be:
(1) in writing;
(2) signed by:
(A) the testator in person; or
(B) another person on behalf of the testator:
(i) in the testator’s presence; and
(ii) under the testator’s direction; and
(3) attested by two or more credible witnesses who are at least 14 years of age and who subscribe their names to the will in their own handwriting in the testator’s presence.
WHERE IS THE SIGNING?
We schedule our signings at our Dallas office to ensure the documents are signed correctly and according to the above Texas Estates Code.
WHO IS PRESENT AT THE SIGNING?
It’s also important to have certain people present at the signing. The following people are present during signing at our office:
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- Client (Testator),
- Attorney,
- Two Disinterested Witnesses, and
- A Notary.
WHAT HAPPENS DURING THE SIGNING?
Specific steps are followed by the attorney, and the documents are dated and signed by the client and the two witnesses and then notarized by the notary. Once the signing has concluded, the documents are copied and scanned by the attorney for records purposes.
WHAT HAPPENS AFTER THE SIGNING?
The client will be sent home with the original, signed documents, and copies of each signed document. This process generally takes no longer than 30 minutes.
Remember, a lot of time and effort goes into creating your estate plan, and ensuring the documents are signed correctly is crucial.