This article will walk through Texas Legal Wills by covering important aspects of TX Wills, Texas Probate, Online Wills, why they are an important part of your Texas Estate Planning process. A 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. With out a 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 Will is one of the most important things you can do to.

LegalZoom provides quality Wills and Living Wills online at lawyer-free prices!

How Texas Legal Wills Deal with Property

There are two types of property in Texas; Real Property and Personal Property. Real property is land and improvements located on the land, and oil, gas and mineral rights. 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 in Texas; 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 Legal Will in Texas

A person that has not created a will prior to death is said to be intestate. In Texas, if a person dies without a 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 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 Will is all about having control of how your property and family are handled after your death. A 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.

Legal Wills

The Requirements for Creating a Will

If you are planning on writing your own will, its creation requires specific rules to be followed for the will to be valid. There are three kinds of wills recognized in Texas:

1. Oral (there are limitations associated with oral wills)
2. Handwritten (also called Holographic)
3. Type written (also called Formal)

The testator 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 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 Wills in Texas to ensure it is valid. In addition to a will there are other elements you may want to consider including Trusts and Living Wills (see below).

Make a high-quality Will online in minutes

Other Texas Last Will and Testament Topics

The Texas Living Will – A living will in Texas is a heath care directive that is used to guide medical treatment decision if you are incapacitated and unable to voice your desires. Having a living will drafted at the same time you are working on the rest of your state plan is a wise move.

Texas Probate Wills – Probating a will in Texas is all about administering the estate of the person that has passed away. Learning how to probate a will in Texas is straight forward in most cases, but don’t hesitate to get legal aid if you aren’t comfortable for any reason. You can learn more about the probate process by viewing the article on Texas Probate, Wills.

Pros and Cons of Texas Will Forms – If you are interested in writing your own will in Texas, using pre-made Texas wills forms will sound like a good idea. In most cases, the will forms will give you a very good head start, but be wary of using an out of date form. The laws governing wills and the probate code do change and you need to make absolutely sure that you are using the most current last will or Texas living will forms.

Do It Yourself Wills-There are many pros and cons to writing your own will. here is a lot to learn about how to write a will in Texas before you even start the actual writing process. I have a complete article that will help you on the path of how to write a will yourself.

A Texas living will is known as a directive to most physicians, families and or surrogates. Its purpose is to provide instructions regarding the use of life sustaining treatment if there are terminal and or irreversible conditions involved. To put it another way, Texas living wills specify whether a life-sustaining technique should or should not be used. In this instance the meaning of life sustaining methods refers to artificial nutrition, the use of antibiotics, life support, kidney dialysis etc. A living will can also be used to name a particular individual who has the authority to make medical decisions when the person in question may be incapacitated.

In Texas if an individual should die and leave property that has not been transferred legally to another party by means of a joint ownership with a right of survivorship, trust, or payment via beneficiaries i.e. insurance policies or retirement, the property will be distributed via probate.

Probating a will in Texas is relatively straightforward. After the person has died, an application for probate must be filed in the Texas Probate Court. According to Texas probate law you must wait two weeks before you can have a hearing. The hearing will determine if the courts need to open the administration of the estate or if it will recognize the deceased’s will as being valid.

During the application waiting period the County Clerk’s office will post an official notice at the courthouse announcing that an application has been filed for probate. The purpose for this is to allow anyone the chance who may want to contest the will or the administration. If no one should come forward and no attempt has been made to contest the process, the court will continue and open the administration and/or recognize the validity of the will.

Once the set amount of time has elapsed, a probate Judge will recognize that the individual in question has died, and that the person applying to be the executor meets all legal qualifications to serve. The judge will also determine if the will left by the deceased is valid.

It is important for you to note that in Texas the Probate Courts require that the individual applying to administer an estate or submit a will to probate must obtain an attorney. The reason for this is to do with the fact that the executor has extremely important obligations to all the beneficiaries and heirs of the estate. The courts want to ensure that the executor is properly informed and are well aware of their obligations and duties.

There are numerous intricacies involved with the probate process, even more so when an individual dies without a Texas will in place. It is crucial that you are cautious when hiring a Texas probate attorney. You want to seek one that can walk you through the probate process. This point is strongly emphasized because of the consequences of receiving inaccurate legal advice during the probate process can be costly.

Keep in mind that the Texas Probate Code has clearly defined specific steps that an individual must follow when initiating the probate process. Besides the requirements defined by the probate code, some courts may impose other rules that may differ depending on which type of court hears your case.

Taking into account all potential aspects and outcomes is what is required to create a good Texas estate plan. Seek professional help when crafting your own plan to ensure it will serve you as intended in the time of need.