Texas Wills – Last Will and Testaments in Texas


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This page will walk through legal Texas Wills by covering important aspects of TX Wills, Texas Probate, Online Wills, why they are important and issues specific to legal Texas Wills. A valid Texas will is a legal document that outlines the wishes of the person writing it with regards to distributing their property and who will raise their children after their death. Without a valid Texas will, state law determines who will get your property and this can mean distribution counter to your wishes. Without a will you can also end up with a judge deciding who will raise your children. Creating a valid Texas Will is one of the most important things you can do to.

Property in Texas

There are two types of property that can be gifted through a valid Texas will; Real Property and Personal Property. Real property is land and improvements located on the land, and oil, gas and mineral rights flowing under the surface. Personal property is all property other than real property including cash and bank accounts, household furnishing, motor vehicles, stocks and bonds, life insurance policies and government, retirement or employee benefits.

There are two classes of property ownership that can be gifted through a valid Texas will; separate and community. Separate property is property that is owned prior to marriage or acquired during marriage as a gift or inheritance. Community property is all other property that is acquired during marriage by either spouse.

Dying without a Will in Texas

A person that has not created a valid Texas will prior to death is said to be intestate. In Texas, if a person dies without a legal Texas will the law disposes all of the property based upon Texas law and not based upon the wishes of the deceased person. Dying without a Texas will can also delay the disposal of property because a legal proceeding might be required to establish who the heirs are and an administrator may need to be assigned. The administrator may also be required to post a bond to ensure the duties are appropriately performed.

The Advantages of Having a Texas Legal Will

Having a Texas Legal Will is all about having control of how your property and family are handled after your death. A Texas specific will is a legal document that outlines the wishes of the person writing it with regards to distributing their property and who will raise their children after their death. Having a valid will helps eliminate the problems of dying without a will. The testator can name the recipients of their property and designate the individual that will manage their property and care for their minor children.

The Requirements for Creating a Valid Texas Will

For a Texas will to be valid its creation requires specific rules to be followed. There are three kinds of wills recognized in Texas:

  1. Oral (there are severe and strict limitations associated with oral wills yielding this option almost unavailable)
  2. Handwritten (also called Holographic)
  3. Formal written (also called attorney drafted Texas Wills or legal Texas Wills)

The testator of a valid, legal Texas Will must meet the following requirements:

  • Be at least 18 years old, married or serving in the armed forces
  • Be of sound mind at the time of executing the legal will
  • Not be forced or deceived to make the will
  • Have the intent to pass on property at time of death

There are enough complications and requirements that it is wise to seek out legal help in preparing your legal Texas Last Will and Testament to ensure it is valid. In addition to a legal will there are other elements you may want to consider including Powers of Attorney and Living Wills (Directive to Physician).

 

This information regarding Texas Wills is provided in the spirit of public education, not as legal advice. If you require legal advice for a particular situation, you should consult an attorney.