Sec. 1104.208. PROOF OF DECLARATION. (a) The court may admit a declaration that is self-proved into evidence without the testimony of witnesses attesting to the competency of the declarant and the execution of the declaration. Additional proof of the execution of the declaration with the formalities and solemnities and under the circumstances required to make it a valid declaration is not necessary.
(b) A declaration described by Section 1104.203(a)(1) that is not self-proved may be proved in the same manner that a will written wholly in the testator's handwriting is proved under Section 256.154.
(c) A declaration described by Section 1104.203(a)(2) that is not self-proved may be proved in the same manner that an attested written will produced in court is proved under Section 256.153.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
Structure Texas Statutes
Title 3 - Guardianship and Related Procedures
Subtitle D - Creation of Guardianship
Chapter 1104 - Selection of and Eligibility to Serve as Guardian
Subchapter E. Written Declaration to Designate Guardian Before Need Arises
Section 1104.202. Designation of Guardian for Declarant
Section 1104.203. Requirements for Declaration
Section 1104.204. Form and Content of Declaration and Self-Proving Affidavit
Section 1104.205. Alternative to Self-Proving Affidavit
Section 1104.206. Alternate Self-Proving of Declaration
Section 1104.207. Filing of Declaration and Self-Proving Affidavit
Section 1104.208. Proof of Declaration
Section 1104.209. Prima Facie Evidence
Section 1104.210. Revocation of Declaration
Section 1104.211. Effect of Divorce on Designation of Spouse
Section 1104.212. Alternate or Other Court-Appointed Guardian