Barbie (Barbara) Scharf-Zeldes

Notary Seal Required v. Unsworn Declaration Permitted — filing requirements in Probate Court No. 3 (Bexar County; Judge Barbie Scharf-Zeldes)

Documents that still require a notary seal in Probate Court No. 3 — proof of death and other facts (§ 256.157), proof of signature or subscribing witness (§ 256.152), statements of fact (§ 203.001), affidavits of service under § 202.057 unless certified by the attorney, applications to determine heirship (§ 202.007), guardianship applications (§§ 1251.003, 1101.001), temporary administration applications (§ 452.002), inventories in administrations and guardianships (§§ 309.053, 1154.053) and annual and final accounts (§§ 359.005, 362.003, 1163.005, 1204.101) — versus those where an unsworn declaration is permitted: waivers of notice in heirships (§§ 202.055–.056), appointment of a resident agent (§ 1104.357), annual guardianship reports (§ 1163.1011), consents to independent administration (§§ 401.003–.004), declinations to serve (§ 401.008; notary recommended), and, since September 1, 2023, the executor's or administrator's oath, which without a notary must carry the prescribed declaration language (§§ 305.001–.003, 305.051–.053, 305.055).