Specifics of Texas Wills


The creation of a last will and testament is the most important act one can do before passing on, leaving the necessary information and requirements for processing and distributing the assets of an estate. Whether it is information for family members, business purposes, or government needs, wills can vary from state to state and having the exact procedure is necessary to ensure that one’s finances and property transfers are carried out. For the state of Texas, certain specifics are required for a last will, although the process is not extremely different from other states. Although this information is a basic guide, consult a property attorney for specifics on inheritance law from state to state so that your inheritance tax planning is optimized for your specific situation.

Texas wills have minimum requirements similar to any other state. A Texas last will and testament can only be created by a citizen who is older than eighteen years old. Younger persons who die will have any and all property transferred to their parent’s possession; only specific legal aspects (such as stand alone employment as a juvenile) allow for one younger than eighteen to dictate their property upon death in Texas. Different wills in Texas are required for those who are either married or serving in the military. Though single persons and civilians can just as easily create wills, the process is much more straightforward for married couples; those serving in the armed forces must dictate their wills before signing a military contract but this is handled by the branch they have enrolled in.

A Texan who has created a will must be “of sound mind”, meaning that they have no mental health issues or reserves that can cause another party from challenging the validity of their desires. In many cases, those who are unable to make their own decisions due to mental capacity or health reasons — such as a vegetative state — will have all their inheritance turned over to the immediate family member. The will must be signed and dated by the person (and the notary or legal professional who testifies to the validity) and there can be no indication that the signing was done under forceful or duplicitous reasons. At least two credible witnesses must be present at the signing. The will can be written down on paper, on an electronic file, or committed orally to a recording device; many oral wills have certain specifications to ensure authenticity of the claims. At least one beneficiary must be named so that the property or financial assets can be immediately transferred to his or her claim.

Wills in Texas can be changed at any time; a Texas living will is one that is flexible and not resolute in the claims. These are often done if the beneficiary must maintain any set of standards to receive the funds or property; it is common for living wills to dictate certain amount to family members, charities, alumni associations, and so forth provided that the individual or organization meets benchmarks or a passage of time occurs. Living wills in Texas are easier to create and update than in other states, as there is no requirement of a notary for a living will; only the last will and testament requires the legal documentation. Texas wills are different from other states in that estate taxes are not measured in the gross assets of the deceased. As such, a large amount of property (compared to other states) is directly passed on through death due to the lack of taxation.

A last will and testament gives the final wishes of the deceased, and Texas law has many specific functions of living and final wills. Some are not different from many other states, but a few points make drafting a will in Texas different from other locations in the US, so careful preparation is needed to ensure validity.