Texas Estates Code 112.103 – Method of Proof of Signatures
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(a) The deceased spouse’s signature to an agreement that is the subject of an application under Section 112.101 may be proved by:
(1) the sworn testimony of one witness taken in open court;
(2) the affidavit of one witness; or
(3) the written or oral deposition of one witness taken in accordance with Section 51.203 or the Texas Rules of Civil Procedure.
(b) If the surviving spouse is competent to make an oath, the surviving spouse’s signature to the agreement may be proved by:
(1) the sworn testimony of the surviving spouse taken in open court;
(2) the surviving spouse’s affidavit; or
(3) the written or oral deposition of the surviving spouse taken in accordance with Section 51.203 or the Texas Rules of Civil Procedure.
Terms Used In Texas Estates Code 112.103
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Affidavit: means a statement in writing of a fact or facts signed by the party making it, sworn to before an officer authorized to administer oaths, and officially certified to by the officer under his seal of office. See Texas Government Code 312.011
- Court: means and includes:
(1) a county court in the exercise of its probate jurisdiction;
(2) a court created by statute and authorized to exercise original probate jurisdiction; and
(3) a district court exercising original probate jurisdiction in a contested matter. See Texas Estates Code 22.007 - Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
- Oath: A promise to tell the truth.
- Oath: includes affirmation. See Texas Government Code 311.005
- Signature: includes the mark of a person unable to write, and "subscribe" includes the making of such a mark. See Texas Government Code 312.011
- sworn: includes affirm or affirmed. See Texas Government Code 312.011
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) If the surviving spouse is not competent to make an oath, the surviving spouse’s signature to the agreement may be proved in the manner provided by Subsection (a) for proof of the deceased spouse’s signature.