The Texas Legislature has passed and the governor has signed House Bill 3674 which amends §132.001 of the Civil Practice and Remedies Code and states that an unsworn declaration "may be used in lieu of a written sworn declaration, verification, certification, oath, or affidavit required by statute or required by a rule, order, or requirement adopted as provided by law." The change goes into effect September 1, 2011. An example jurat is provided.
While Texas wills have never been required to be notarized, the self-proving affidavit has been. It appears that the new law may change that requirement since it specifically mentions affidavits but the cautious attorney will continue to notarize the self-proving affidavit.
Copyright by Robert Ray a Texas inheritance attorney.
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