Proof of Will by Subscribing Witness

Legacywyse gives you everything a first-time executor needs: the recommended probate process for your situation, realistic costs and timelines, and pre-filled court documents — including the proof of will by subscribing witness.

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Direct answer

Used when the will doesn't have the notarized witness page at the end. One of the people who watched the will being signed swears under oath — either in court or with this notarized form — that the will is genuine. Without this (or the notarized witness page), the judge will not make the will official.

Where to file

Filed with the probate court handling the estate, in person or through eFileTexas.gov.

Signatures

Subscribing Witness signs.

Notarization

The person swearing to it signs before a notary. Legacywyse plans include virtual notary sessions for supported counties.

Which probate paths use it

This document belongs to 3 paths. The Legacywyse questionnaire sorts your estate facts first, then adds it to your packet when the path calls for it.

What's in the document

Legacywyse fills in from your answers

  • Decedent
  • Will date

You complete

  • Witness full name
  • Witness mailing address

Case filing fees by county

These are the county fees to open the underlying probate case, from each county's published schedule. For the cost of filing this document into a case that is already open, check the clerk's fee schedule. Fees change, so re-verify before filing.

CountyMunimentIndependent AdminDependent AdminCourt
Dallas County$388$388$388Dallas County Probate Courts
Tarrant County$380$380$380Tarrant County Probate Courts
Collin County$385$385$385Collin County Probate Court
Denton County$385$385$385Denton County Probate Court
Harris County$432$432$432Harris County Probate Courts
Travis County$378$378$378Travis County Probate Court
Bexar County$391$391$391Bexar County Probate Courts

Common questions

Where does the Proof of Will by Subscribing Witness go?

Filed with the probate court handling the estate, in person or through eFileTexas.gov.

Who signs the Proof of Will by Subscribing Witness?

Subscribing Witness signs. The person swearing to it signs before a notary.

Which Texas probate paths use this document?

It belongs to these paths: muniment of title, independent administration, dependent administration.

Does Legacywyse prepare this document?

Yes. Legacywyse generates it from your questionnaire answers inside the private workspace, with the county details filled in. You review it, sign where required, and file it. Legacywyse is not a law firm, and this page is general information, not legal advice.

Review note

Updated July 7, 2026. Legacywyse links to Texas court, statute, tax, and county sources when a guide discusses filing, authority, taxes, or local probate process. The content is general information, not legal advice.

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