Wills, Self-Proving Affidavits & Powers of Attorney

Estate paperwork is the part of adult life people put off the longest, and then need finished by Friday. It is also the area where the rules are least understood, so this page states them plainly before it says anything about booking an appointment.

A will does not have to be notarized in Texas

This surprises almost everyone. Under Texas Estates Code § 251.051, a written will is valid if it is signed by the testator and attested by two credible witnesses over the age of fourteen, who sign in the testator's presence. A notary is not part of that requirement. If someone has told you your will is worthless without a notary seal, they are mistaken.

So why does a notary show up at almost every will signing?

Because of the self-proving affidavit: a separate sworn statement, signed by the testator and the same two witnesses in front of a notary public, and attached to the will. It does not make the will valid; the will was already valid. What it does is let the probate court accept the will without hunting down those witnesses years later to testify that they watched the signing. That is why estate attorneys nearly always include one, and it is the part of the appointment that genuinely needs a notary.

The rule that decides how you sign

Wills, codicils and testamentary trusts cannot be notarized by remote online notarization in Texas. Texas excludes them from remote and electronic notarization specifically. They must be signed in person, on paper, with the notary and the witnesses physically in the room. This is the single clearest reason an in-person notary still matters in an era of video sessions, and it is why this service is in-person by design. Online notarization is excellent for many documents. It is not available for these.

Powers of attorney: two different documents

• Durable (financial) power of attorney. Lets the person you name handle money and property matters: banking, real estate, tax filings. "Durable" means it survives your later incapacity, which is usually the whole point. In practice banks and title companies expect to see it notarized, and a POA used in a real estate transaction has to be, because it has to be recordable.
• Medical power of attorney. Names an agent to make health-care decisions when you cannot make them yourself. Texas gives you a choice on this one: it is signed either in front of two qualifying witnesses or in front of a notary public. Many families use a notary because assembling two qualifying witnesses at a hospital is harder than it sounds.

Advance directives, HIPAA authorizations and declarations of guardian often travel in the same folder. Bring the whole set; we will notarize each signature that carries a notarial certificate and leave the rest alone.

Witnesses: who cannot serve

A witness is meant to be neutral, and that is the point of the word "disinterested." As a rule, do not use:

• Anyone who inherits under the will, or their spouse. In Texas a bequest to a witness can be voided, which defeats the purpose of naming them.
• The person being named as agent in the power of attorney.
• The notary. Gwen witnesses nothing she notarizes; she notarizes the act, and someone else witnesses it.
• For a medical power of attorney, the attending physician, an employee of the physician, and certain facility staff are excluded from serving as the first witness.

Neighbors, co-workers and friends who receive nothing are the usual answer. We do not provide witnesses: you arrange and bring your own, each with a photo ID. Ask whoever prepared the documents how many they require.

What happens at the appointment

1. Everyone arrives with an unexpired government photo ID: the person signing and each witness.
2. The documents have every blank already filled in by you except the signatures, every page and accompanying document is present, and nothing is signed or initialed ahead of time. Some documents must be signed in front of the notary, and Gwen cannot always tell in advance which kind yours is.
3. Gwen confirms the signer knows what the document is, and is signing of their own free will with nobody in the room pressuring them. If that is not clearly true, she stops. A notary must decline rather than notarize a signature she doubts.
4. The signing happens in the correct order: the will first, then the self-proving affidavit, with the witnesses signing where the document tells them to.
5. Gwen completes each notarial certificate, applies her seal, and records the act.

What this costs

Notarial fees are the § 406.024 amounts: $10 for the first signer on an acknowledgment, $1 for each additional signer on the same certificate, and $10 for each oath. Nothing else is added per notarization. There is also one visit fee per visit, whatever the number of documents or signers: $5 when you meet Gwen at her meeting spot in Addison (weekdays 9 am–6 pm, by appointment; the address is sent after you book), $15 when she comes to you anywhere in Addison, $25 in Zone 2 (about 10 driving miles) and $45 in Zone 3 (about 10 to 20 driving miles); beyond that, quoted before you book. Zones go by ZIP code. Most estate folders contain several notarized signatures, so we quote the whole appointment in writing before you book, with the visit fee shown as its own line. You bring your own witnesses; we do not provide them.

State notarial fees are set by Texas Government Code § 406.024 and § 406.111. Travel and convenience fees are separate and are not notarial fees.

What we do NOT do

Gwen notarizes signatures. She does not draft, select or advise on documents. She cannot give legal advice, cannot tell you which document you need, and cannot tell you how to fill out your paperwork or what to write in it. She cannot tell you whether you need a will or a trust, whether your POA is broad enough, who should be your agent, or what any clause means. That work belongs to an attorney licensed in Texas, and saying so is not modesty: a Texas notary who gave that advice would be breaking the law. We notarize documents you provide, exactly as you provide them.

Book the signing

If the signer is in a hospital or care facility, read hospital and facility signings first; there are extra considerations there. Otherwise, tell us the documents, the number of signers and witnesses, and where you want to meet. Request an appointment.