Witnesses to a Will

For a will to be valid, almost every state requires that it be signed by the testator along with two witnesses. If you are planning on creating a will, it is very important that you know who is qualified to be a valid witness and who is not. Doing this ensures that when you pass on, your will is considered legally valid and your chosen executor will be able to carry out your wishes as specified in the document. Planning your estate can be complicated, and it is easy for someone to make some of the common mistakes that make things difficult on your beneficiaries.

The Houston estate planning attorneys of Garg & Associates, P.C., have the knowledge and experience necessary to help you avoid the common pitfalls of estate planning in order to create a valid will that carries out your wishes properly. To speak with one of our attorneys today, contact us at 281-362-2865.

Who Can Be a Witness?

Almost anyone can be a witness, but there are a few people who, if they are the only witnesses, can invalidate the will or portions of the will. The following are some considerations regarding who can and cannot be a witness:

  • Witnesses must be at least 18 years of age – minors cannot serve as witnesses
  • Witnesses may not inherit from the will – if a witness also stands to inherit from the will, it is either considered invalid, or their portion will be forfeited and the rest of the will remains valid
  • Notary publics may serve as witnesses
  • Attorneys may serve as witnesses – even if an attorney stands to benefit as the executor, it is usually considered acceptable for them to serve as witnesses

If the will is signed by valid witnesses, a judge will typically make the decision to admit it to probate court.

Contact Us

If you are creating a will or have questions about who can serve as a witness to your will, the Houston estate planning attorneys of Garg & Associates, P.C., are prepared to be of assistance. Contact us by calling 281-362-2865 today.

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Garg & Associates, PC | 21 Waterway Avenue, Suite 300 | The Woodlands, Texas 77380 Please call 281-362-2865 | Fax: 866-743-4506
Serving The Woodlands, Spring, Houston, Conroe, Kingwood, Tomball, Cypress, Huntsville, Cleveland, Stafford, Montgomery County, Harris County, West Oaks, Memorial, Sugar
Land, River Oaks, Alief, Stafford, Missouri City, and Southwest Houston Texas.