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Texas Wills: Notarizing & Witnessing Legal Documents

Who Should Notarize What?

Your lawyer must supervise the execution of your Will. Your Will should attach a notarized and witnessed self-proving affidavit.

Your bank will likely notarize anything but a will or a trust agreement free of charge.

A Power of Attorney which might be used for a reverse mortgage or other home financing must be signed in the office of a lawyer, at a bank or in the office of a title insurance company.  It should have a notarized acknowledgment.

Who Should Not Witness What?

No one who inherits from you or is named as executor or substitute executor should witness your Will.

No one who is named as trustee, substitute trustee, trust protector or a member of a trust advisory committee should witness your trust agreement.

No one who is named as agent or substitute agent (and, preferably, no one who inherits from you) should witness your Durable Power of Attorney.

No one who is named as an agent or substitute agent (and, preferably, no one who inherits from you) should witness your Medical Power of Attorney. One of the two witnesses must be someone who does not take care of you or work for a hospital or facility which does. Many hospitals and long term care facilities do not permit their employees or volunteers to witness anything.

What If You Can’t Get to a Notary?

Some lawyers who make house calls are notaries or have notaries on staff. In addition, listed below are two mobile notaries for Central Texas.  You may find others.

Austin Mobile Notary

Ty’s Notary Mobile Service

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