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The testators witnesses signed their names under a heading entitled “subscribed and acknowledged by”, is that sufficient to make the will self proved?

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The testators witnesses signed their names under a heading entitled “subscribed and acknowledged by”, is that sufficient to make the will self proved?

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No, a will must meet certain requirements before it can be considered self proved. In order for a will to be self proved, an affidavit that is either attached or annexed to the will has to be both subscribed and sworn to by the witnesses. The testator must also sign the affidavit but it is not required that the testator swear to it. Additionally, the contents of the affidavit must substantially comply with the language in Section 59 of the Texas Probate Code.

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