Texas § CP.121.011 - PROOF OF ACKNOWLEDGMENT BY HANDWRITING

Full text of Texas The Texas Constitution § CP.121.011 — PROOF OF ACKNOWLEDGMENT BY HANDWRITING, with citation guidance and answers to common questions.

§ CP.121.011. PROOF OF ACKNOWLEDGMENT BY HANDWRITING

PROOF OF ACKNOWLEDGMENT BY HANDWRITING. (a) The execution of an instrument may be established for recording by proof of the handwriting of persons who signed the instrument only if: (1) the grantor of the instrument and all of the witnesses are dead; (2) the grantor and all of the witnesses are not residents of this state; (3) the residences of the grantor and the witnesses are unknown to the person seeking to prove the instrument and cannot be ascertained; (4) the witnesses have become legally incompetent to testify; or (5) the grantor of the instrument refuses to acknowledge the execution of the instrument and all of the witnesses are dead, not residents of this state, or legally incompetent or their places of residence are unknown. (b) If the grantor or person who executed the instrument signed his name to the instrument, its execution must be proved by evidence of the handwriting of that person and at least one witness who signed the instrument. If the grantor or person who executed the instrument signed the instrument by making his mark, its execution must be proved by the handwriting of at least two of the witnesses who signed the instrument. (c) Evidence taken for proof of handwriting must give the residence of the testifying witness. A testifying witness must have known the person whose handwriting is being proved and must be well acquainted with the handwriting in question and recognize it as genuine. (d) Evidence offered for proof of handwriting must be given in writing by the deposition or affidavit of two or more disinterested persons. The evidence must satisfactorily prove to the officer each of the requirements provided by this section. The officer taking the proof must certify the witnesses' testimony. The officer must sign, officially seal, and attach this certificate to the instrument with the depositions or affidavits of the witnesses. Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

Source: official Texas text · Last verified 2026-08-27

Frequently Asked Questions About Texas § CP.121.011

What does The Texas Constitution § CP.121.011 cover?

Section CP.121.011 ("PROOF OF ACKNOWLEDGMENT BY HANDWRITING") is part of the The Texas Constitution, the codified statutory law of Texas. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Texas § CP.121.011?

A common citation format is "The Texas Constitution § CP.121.011" (Texas). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Texas law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Texas official source linked on this page or consult a licensed Texas attorney.

How does Texas § CP.121.011 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Texas can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Texas.