What estate planning documents must be witnessed?

In Texas, estate planning documents must be witnessed by two individuals who are at least 18 years of age. Depending on the documents, witnesses may choose to sign the document in the presence of the testator (the person creating the document) or the notary public. In addition to being present for the signing of the document, witnesses are required to provide valid identification and certificates of acknowledgement, which must be notarized. The commonly used estate planning documents that need to be legally witnessed include wills and trusts. A will must be signed in the presence of two witnesses (and a notary public if the will is not self-proving). The witnesses must also sign the will in the presence of the testator and each other. When it comes to trusts, trust agreements must generally be signed by the trust maker in the presence of two witnesses. In some cases, the witnesses must also sign the trust agreement in the presence of the trust maker and each other. Informal documents such as durable power of attorney, health care directives, and directives to physicians can also be signed in the presence of two witnesses. However, these documents do not necessarily need to be notarized and do not require the witnesses to sign the documents. In summary, two witnesses that are at least 18 years of age are required in Texas to legally witness estate planning documents such as wills, trusts, powers of attorney, health care directives, and directives to physicians. Witnesses must also provide certificates of acknowledgement which must be notarized, unless the will is self-proving.

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What estate planning documents must be witnessed?

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