How to Make a Valid Will in Texas
Creating a will is one of the most important legal steps you can take to protect your family. Fortunately, Texas law does not require an expensive or complicated process, but it does require that certain legal requirements be met.
Basic Requirements
Generally, the person creating the will must:
Be at least 18 years old
Have testamentary capacity
Intend for the document to operate as a will
Written Wills
Most Texas wills are typed and signed. To be valid, a typed will generally must be:
In writing
Signed by the person making the will (or someone acting at that person's direction)
Signed by two credible witnesses who are at least 14 years old
Handwritten Wills
Texas also recognizes holographic wills. A handwritten will generally does not require witnesses if the material provisions and signature are entirely in the testator's handwriting. However, handwritten wills often create questions during probate and are more likely to be challenged.
Self-Proving Affidavits
Most attorneys include a self-proving affidavit with the will. This document can simplify probate by allowing the court to admit the will without requiring witnesses to testify years later. This is a crucial step in a process meant to save your loved one’s time and money.
Some Common Mistakes
Some of the most frequent errors include:
Using generic online forms
Forgetting required signatures
Failing to update after marriage or divorce
Not naming alternate beneficiaries
Not appointing backup executors
A simple mistake today can create significant litigation after your death.
Peace of Mind
A professionally prepared will helps ensure your wishes are honored and minimizes uncertainty for your loved ones. Ready to create your Will today? The Mendez Law Group can help you prepare a legally valid estate plan tailored to your family’s needs.
