This writing provides an overview of the requirements of a Last Will and Testament for Texas. Knowledge of the rules can give you comfort in understanding the path you are taking to create your Last Will and Testament in Texas. In the end, I’ll suggest seeking the help of a Texas attorney experienced with these matters. Ambiguity or few missing sentences in your Last Will and Testament can be costly or create confusion during probate.
Functions of the Texas Last Will and Testament
Requirements of a Valid Will in Texas
1. You must be 18 or older, in the US military, or have been married.
2. You must be competent.
3. The Texas Last Will and Testament must be:
A self-proved Will is a Will:
(1) to which a self-proving affidavit subscribed and sworn to by the testator and witnesses is attached or annexed; or
(2) that is simultaneously executed, attested, and made self-proved as provided by Section 251.1045.
A self-proved will may be admitted to probate without the testimony of any subscribing witnesses if:
(1) the testator and witnesses execute a self-proving affidavit; or
(2) the Will is simultaneously executed, attested, and made self-proved as provided by Section 251.1045.
Common problems found in the Texas Last Will and Testament
Of the many Texas Wills I’ve probated, I can highlight some of the common problems. Some of these problems can be cured during probate which complicates the probate process and increases expenses. Some of these problems can be fatal, resulting in a Texas Last Will and Testament that is not legal. A few of the common problems are listed below.
Online Wills in Texas
Online Wills in Texas are legal. To avoid the common problems identified above, the provider of your online Texas Last Will and Testament should provide clear instructions for the execution of your online Texas Will. You may ask your provider to review your executed documents to make sure they were executed properly.