New will-signing procedure: the testator and witnesses need sign only once
(This is one of a series of posts about 2011 legislation.)
Under prior law, in order to make a will self-proved, the testator and each witness had to sign the will twice – once on the will itself and once on the self-proving affidavit. SB 1198 amends Section 59 of the Texas Probate Code to permit combining the execution of the will with the signing of the self-proving affidavit so that the testator and witnesses only have to sign once. The statute includes the appropriate language to include in the will if the one-signature method is desired.
The one-signature method is optional. Testators still may use the two-signature method.
The change to Section 59 corresponds with changes to Sections 677A and 679 made in 2009 which adopted a one-signature method for declarations of guardian. Other changes in 2009 made it possible to use a notary public in lieu of witnesses on medical powers of attorney and on directives to physicians and family or surrogates. As a result of the 2009 and 2011 changes, attorneys may greatly streamline the document signing ceremony:
The statutory durable power of attorney, medical power of attorney and directive to physicians or family and surrogates may be executed before a notary public, and no witnesses are required.
The will, the declaration of guardian for minor children and the declaration of guardian in the event of later incapacity require two witnesses, but the testator/declarant and the witnesses need sign only once.
The new will-signing method becomes available on September 1, 2011.