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.

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.