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Will the courts accept a handwritten will that is signed and witnessed, but not notarized or recorded with the county clerk?

Location: New Braunfels, Texas  |  Law type: probate law attorneys

I am the executor of my Mom's will and have POA for her.  She is currently incapacitated in a nursing home.  Her husband, my stepdad, passed away 4 1/2 years ago.  He and my mom left a handwritten will filled out by both of them and signed and witnessed by their friends in 1996 and re-read and signed again in 2000.  I desire to sell my Mom's house as she will not be able to return to it.  The title company I am working with will not accept their will because it was not notarized and recorded with the county clerk.  Instead, they are asking me to fill out an Affidavit of Heirship. 

I don't know much about his side of the family and more importantly, his two daughters from two different wives had a very minimal relationship with their father.  I have always had a close relationship with both, especially with my Mom.  I moved from out of state to be with Mom last year because I was worried about her health.  Three months later she had a stroke and now it is only myself that is managing her health, finances and cleaning out her house in order to sell.  

Is there a chance my stepdad and Mom's written wishes of utilizing a Right of Survivorship Arrangement/Community Property Pack can be legally acknowledged even though they did not notarize the witnesses signatures or record it with the county?  Or, is there any other way to avoid utilizing the Affidavit of Heirship that the title company is asking for?  My Mom's wills (there are two) state if she survives her husband I am entitled to do what I want with her property.   


Sherry Templeton 


Legal question "Will the courts accept a handwritten will that is signed and witnessed, but not notarized or recorded with the county clerk?" has been written 1 month ago. Demonstrate your legal skills and willingness to help and answer right now! Issue is related to the location of New Braunfels, Texas & area of law: probate law attorneys. Latest answer commented 1 month ago.
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