It is no longer necessary for affidavits, sworn inventories and attorney’s verifications to be sworn to before a Notary Public. The following statute was effective on September 1, 2011:
Texas Civil Practices and Remedies Code. Sec. 132.001. UNSWORN DECLARATION.
(a) Except as provided by Subsection (b), an unsworn declaration may be used in lieu of a written sworn declaration, verification, certification, oath, or affidavit required by statute or required by a rule, order, or requirement adopted as provided by law.
(b) This section does not apply to an oath of office or an oath required to be taken before a specified official other than a notary public.
(c) An unsworn declaration made under this section must be:
(1) in writing; and
(2) subscribed by the person making the declaration as true under penalty of perjury.
(d) Except as provided by Subsection (e), an unsworn declaration made under this section must include a jurat in substantially the following form:
“My name is __________ _________ ____________(First) (Middle) (Last) , my date of birth is _________________, and my address is _____________, ____________, _________, _________, (Street) (City) (State) (Zip Code) and __________________ (Country). I declare under penalty of perjury that the foregoing is true and correct.
Executed in _______ County, State of ________, on the ________ day of________, ________ (Month) (Year).
Here is a form for a sworn inventory using this new law (now the client can sign and fax the inventory verification without worrying about coming to the law office or finding a notary).
“My name is Diane Bower, my date of birth is December 21, 1966, and my address is 2105 Emerald Sea Drive, League City, Texas 77573, United States of America. I declare under penalty of perjury that the following is true and correct.
This inventory and appraisement contains:
1. a full and complete list of all properties in my possession or subject to my control that I claim belong to the community estate of me and my spouse, with the values thereof;
2. a full and complete list of all properties in my possession or subject to my control that I claim or admit as my or my spouse’s separate property and estate, with the values thereof; and
3. a full and complete list of the debts that I claim are community indebtedness.
I make this verification with the following reservations and qualifications:
1. Any omission from this inventory is not intentional but is done through mere inadvertence and not to mislead my spouse.
2. There may be other assets and liabilities of which my spouse is aware, and their omission from this inventory should not be construed as a waiver of my interest in those items.
Signed in Harris County, Texas on January 5, 2013.