How to Write a Will in Texas: A Complete Guide
Writing a will is one of the most important steps you can take to ensure that your wishes are respected after your death. Without a will, Texas law wills dictate how your assets are distributed, which may not align with your intentions. In this guide, we’ll walk you through the process of writing a will in Texas, including the different types of wills, what makes a will valid, and how to avoid common mistakes.
Importance of Having a Will
Having a will is essential for ensuring that your property and assets are distributed according to your wishes. It also allows you to designate guardians for minor children and appoint an executor to handle your estate. Without a will, the state of Texas will determine how your assets are divided, and this may not align with your personal preferences. Additionally, a will can simplify the probate process, saving your loved ones time and money.
Legal Requirements for a Valid Will in Texas
To create a valid will in Texas, there are several important requirements to keep in mind:
- Age and Mental Capacity: You must be at least 18 years old and mentally competent to create a valid will.
- Written and Signed: Your will must be in writing and signed by you or another person on your behalf in your presence.
- Witnesses: Your will must be signed by at least two credible witnesses who are not beneficiaries under the will.
- Intent: The will must express your intent to distribute your property upon your death.
If your will does not meet these requirements, it may be considered invalid in Texas.
Business Law
Types of Wills in Texas
Formal Will (Attested Will)
A formal will, also known as an attested will, is the most common type of will used in Texas. This will must be written, signed by the testator (the person making the will), and witnessed by at least two people who are not beneficiaries of the will.
Definition and Requirements
For a formal will to be valid in Texas, it must be signed by the testator in the presence of at least two witnesses who also sign the document. The witnesses must be of sound mind and at least 14 years old.
Witness and Notary Requirements
While not required, having your formal will notarized in Texas can make it easier to probate. A notary can confirm the authenticity of your will and streamline the probate process.
Trust Lawyer
Benefits of a Formal Will
A formal will offers clarity and certainty, which can reduce the likelihood of disputes after your death. It also meets Texas probate law requirements and is easy to enforce.
Holographic Will (Handwritten Will)
A holographic will is a will that is written entirely by the testator’s own hand. Unlike a formal will, it does not need witnesses or notarization to be valid in Texas.
Definition and Legal Validity
A holographic will is legally valid in Texas if it is written entirely in the testator’s handwriting and signed by them. It can be a useful option if you’re unable to prepare a formal will.
When to Use a Holographic Will
Holographic wills are often used when someone needs to write a will quickly, such as in an emergency. However, they can be prone to ambiguity or challenges in court.
Risks of a Handwritten Will
Holographic wills may lead to confusion or disputes due to unclear language or missing information. For this reason, it’s advisable to consult a lawyer if you choose this route.
How to Write a Holographic Will in Texas
If you decide to write a holographic will in Texas, here’s how to do it:
- Write it Completely in Your Own Handwriting
The entire will must be handwritten by you. A typed or printed document will not be considered a holographic will. - Key Elements to Include
- Statement that it is your last will: Begin by clearly stating that this is your last will and testament.
- Listing Beneficiaries and Their Shares: Specify who will inherit your assets and how much they will receive.
- Naming an Independent Executor: Appoint someone to manage your estate.
- Instructions on Distributing Property: Be clear about how you want your property and belongings distributed.
- Signing and Dating the Will: Ensure your signature and the date appear at the end of the will.
-
Best Practices for Clarity and Enforceability
While writing your holographic will, aim for clarity. Avoid vague language that could lead to confusion during the probate process.
How to Write a Formal Will in Texas
If you prefer to use a formal will, here’s how to make it:
- Using a Will Template Approved by Texas Law
You can find templates online or work with a lawyer to create a will that adheres to Texas law. A Texas will template can guide you in drafting a valid document. - Drafting with a Lawyer vs. Using Online Will Services
While online will services may be convenient, working with an attorney ensures that your will is properly tailored to your unique needs and that it fully complies with Texas law. - Witness and Notarization Requirements
Remember that your formal will needs to be signed in front of at least two witnesses. If you prefer, you can also have it notarized for added convenience during probate. - Ensuring the Will Meets Texas Probate Laws
Whether you use a lawyer or an online service, ensure your will meets Texas’ legal requirements to avoid complications later.
Executor and Probate Process in Texas
Role of an Independent Executor
The executor is responsible for administering your estate, ensuring your wishes are carried out, and paying any outstanding debts. You can choose an independent executor who is not required to post bond, saving time and money during the probate process.
Duties and Responsibilities
The executor must locate your assets, settle debts, and distribute property to your beneficiaries as outlined in your will.
Storing and Updating Your Will
Where to Store Your Will Securely
Once your will is created, store it in a safe place, such as a safe deposit box, a home safe, or with your attorney. Ensure that trusted family members know where to find it.
Who Should Know About Your Will’s Location
Inform your executor and a few trusted family members about the location of your will to ensure it can be accessed when needed.
When and How to Update Your Will
Review your will regularly, especially after major life events like marriage, divorce, or the birth of children. You can update your will by writing a new one or creating a codicil (a supplement to your original will).
Conclusion
Writing a will in Texas doesn’t have to be complicated. Whether you opt for a formal will, a holographic will, or an online service, it’s important to ensure that your will meets Texas’s legal requirements. If you’re unsure where to start, Cleverly Law can help guide you through the process to ensure that your will is valid, clear, and enforceable. Don’t leave your legacy to chance—contact us today to get started on your estate planning!
Visit Our The Cleverly Law Firm – Estate Planning Law Firm
Author Bio
Jeremy Cleverly is the founder and principal attorney at The Cleverly Law Firm, where he brings over two decades of legal experience to help clients with estate planning and business law. As a husband, father, and successful entrepreneur, Jeremy understands the importance of protecting one’s family and legacy. His approach to estate planning goes beyond traditional methods, focusing on preserving not just assets, but also values and family stories.
As a business law attorney, Jeremy offers invaluable insights for business owners planning for formation, succession or sale. His experience as one of the few attorneys in the state to have successfully started, scaled, and sold multiple businesses sets him apart in the field. This blend of legal acumen and business savvy allow Jeremy to provide clients with comprehensive and personalized solutions to their legal needs.
