Texas Estates Code 1104.203 – Requirements for Declaration
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(a) Except as provided by Subsection (a-1), a declaration under this subchapter must be signed by the declarant and be:
(1) written wholly in the declarant’s handwriting; or
(2) attested to in the declarant’s presence by at least two credible witnesses who are:
(A) 14 years of age or older; and
(B) not named as guardian or alternate guardian in the declaration.
(a-1) If the declaration does not expressly disqualify any individual from serving as guardian of the declarant’s person or estate, the declaration must be signed by the declarant and may be acknowledged by a notary public instead of being attested to in the declarant’s presence by witnesses as required by Subsection (a)(2).
Terms Used In Texas Estates Code 1104.203
- Estate: means a decedent's property, as that property:
(1) exists originally and as the property changes in form by sale, reinvestment, or otherwise;
(2) is augmented by any accretions and other additions to the property, including any property to be distributed to the decedent's representative by the trustee of a trust that terminates on the decedent's death, and substitutions for the property; and
(3) is diminished by any decreases in or distributions from the property. See Texas Estates Code 22.012 - Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Person: includes a natural person and a corporation. See Texas Estates Code 22.027
- Signed: includes any symbol executed or adopted by a person with present intention to authenticate a writing. See Texas Government Code 311.005
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(b) Notwithstanding Subsection (a) or (a-1), a declaration that is not written wholly in the declarant’s handwriting may be signed by another person for the declarant under the direction of and in the presence of the declarant.
(c) A declaration described by Subsection (a)(2) may have attached a self-proving affidavit signed by the declarant and the witnesses attesting to:
(1) the competence of the declarant; and
(2) the execution of the declaration.