Requirements of the handwritten Will for Texas:
1. The Will must be written wholly in the testator's handwriting.
2. The Will must be signed by the testator.
In addition, the Texas holographic Will does not need to be attested by witnesses.
The holographic Will can be made self-proved at any time during the testator's lifetime. (Texas Estates Code 251.107).
In my experience probating some of these handwritten Wills, there are some issues that can arise.
1. If the holographic Will is not self-proved, 2 witnesses must attend the hearing to provide testimony stated that they were well-acquainted with the testator's signature. Additionally, they must inspect the Will and testify that the Will is wholly in the handwriting of the testator. Locating two witnesses to provide this testimony can sometimes be difficult.
2. If a self-proving affidavit is provided with the handwritten Will, it may not conform with the Texas requirements for a legal handwritten Will.
3. The handwritten Will might not address some important areas such as:
a. identification of beneficiaries or executors,
b. whether the executor can act as an independent executor, or
c. how to handle the residue of the estate,
The Texas holographic Will might be necessary in some situations, but it might not the best idea for your estate plan.