Last Will and Testament for Texas

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

1. Identifies the executors who will execute the terms of the Will.   
2. Identifies the guardians who will take custody and care for your minor children.
3. Identifies the trustees who will control and distribute trust assets, if you left instructions in your Last Will and Testament to have any of your estate to be moved into a trust. 
4. Distributes your assets in a manner as directed by you.
5. You may disinherit individuals.

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:

• in writing*,
• signed by the testator (you) in person, and
• attested by two or more credible witnesses who are at least 14 years of age and who subscribe their names to the Will in their own handwriting in the testator's presence.

*A Last Will and Testament in Texas written wholly in the testator's handwriting is not required to be attested by subscribing witnesses.
 
Self-Proved Wills
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.

• No executor is identified. 
• The Will distributes only specific items in the estate (my home, my automobile), but the rest of the estate (this is what is usually referred to as “residue” in the Last Will and Testament).
• The typed Last Will and Testament is signed only by the testator.
• The Last Will and Testament is attested by only one witness.
• One or both of the witnesses are also beneficiaries in the Will.
• The beneficiaries are not clearly identified. 
• The notary did not stamp the document.
• A Will was wholly written (Holographic Will) by the testator, but the testator did not sign the Will.
• There is a legal Holographic Will, but there are not two disinterested witnesses who can testify to the decedent's handwriting.

​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.