Texas probate · Document guide
Proof of Will by Subscribing Witness
Use testimony from a person who witnessed the will's signing to help establish that the will is valid. This proof is used when the will needs witness testimony instead of relying on a valid self-proving affidavit.
Texas Estates Code § 256.153
Where it goes
Filed with the probate court handling the estate, in person or through eFileTexas.gov.
Who signs
Subscribing Witness in Open Court signs.
Oath or notarization
The witness subscribes and swears to this proof in open court.
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Add the remaining details and review your document. Follow the instructions for signatures, notarization, or court review when required. You handle filing.
What to have on hand
Death details
The person's full name, date of death, and last address. A death certificate can help confirm these.
The will
A copy of the will, including its date and the people named in it.
Signing witness's details
The witness's name, address, and recollection of the will signing.
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Filing fees by county
Fees to open the probate case. Confirm with the county clerk before filing.
| County | Filing fee |
|---|---|
| Dallas County | $388 |
| Tarrant County | $380 |
| Collin County | $385 |
| Denton County | $385 |
| Harris County | $432 |
| Travis County | $378 |
| Bexar County | $391 |
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