If my mother passed away and left a Will but it was not notarized or signed by witnesses, what can and should Ido?

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If my mother passed away and left a Will but it was not notarized or signed by witnesses, what can and should Ido?

This is in TX.

Asked on January 7, 2012 under Estate Planning, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your loss.  The part about being notaried is not egernally a problem.  Last Will and Testaments are generally not notarized.  Is the Will handwritten by any chance?  That is known as a holographic Will.  Each state has their own requirements as to what components are necessary to prove a valid Will and it is my understanding that Texas recognizes a holographic Will as valid and that it does not require witnesses.  Please get some legal advice from an attorney in your area on this matter.  Good luck.


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