In re Estate of Iversen, 150 S.W.3d 824 (Tex. App.—Fort Worth 2004, no pet.).
The probate court admitted Testator’s typed notarized will into
probate even though it was unwitnessed. The court determined that the
affidavits of two individuals who saw Testator sign the will were
sufficient to satisfy the attestation requirement because the will was
in “substantial compliance” with Probate Code § 59(a).
The appellate court reversed. The court examined Probate Code § 59(a)
and determined that its requirements were “straight-forward,” that is, a
nonholographic will must be attested by at least two witnesses “who
subscribe their names thereto in their own handwriting.” The court
recognized that the notary could be counted as an attesting witness but
that still left the will one witness short. The court also explained
that the “substantial compliance” language of the code applies to the
form of the self-proving affidavit, not the will itself. Accordingly,
Testator died intestate.
Moral: A non-holographic will needs two witnesses. Texas has not adopted
the substantial compliance standard of Uniform Probate Code § 2-503.