Creating a last will and testament in Texas protects your legacy. This expert guide simplifies how to get a will made in Texas, ensuring your wishes are honored and loved ones protected. This guide answers FAQs, explains requirements, and explores different will types to understand will creation in Texas.
How to Get a Will Made in Texas: Legal Considerations
Texas law outlines the will creation process. This guide provides a straightforward approach to creating a legally valid will in Texas.
Understanding the Legal Requirements
The Texas Estates Code Chapter 251 outlines the legal requirements for valid Texas wills:
Age: You must be 18, emancipated through marriage, or be in the armed forces (Tex. Est. Code § 251.001 (2024)).
Sound Mind: You must be of sound mind, understanding your property and beneficiaries.
Written Format: Your will must be a written order on physical paper, typed or a handwritten document. A valid holographic will, fully handwritten and signed by the testator, is also acceptable (Tex. Est. Code § 251.052 (2024)). Texas does not recognize electronic wills.
- Signatures: Formal Texas wills require your signature and two competent witnesses over age 14. Beneficiaries cannot be witnesses.
Choosing Between Will Types
Texas offers two main types: formal and holographic. A formal will is typed and witnessed. A holographic will is entirely handwritten and signed by the testator, requiring no witnesses. You can find these rules regarding executing valid Texas wills in the Texas Estates Code.
How to Get a Will Made in Texas: A Step-by-Step Guide
These step-by-step instructions outline the will-writing process:
Selecting an Executor
Your executor carries out your will’s instructions. They manage assets and pay debts. Choose someone trustworthy and organized. This decision is vital, as it affects how your instructions are handled after your death.
Detailing Your Wishes
Specify your property’s inheritance (real estate, belongings, bank accounts, and pension plans). Appoint guardians for minor children, if applicable. Without a will, the state decides your property’s distribution (intestate succession).
Having a will guarantees your final arrangements and ensures your wishes are followed.
Finalizing and Storing
Sign your will. If it’s a formal will, ensure you sign in front of witnesses. Notarization isn’t required, but creates a “self-proving” will (Texas Estates Code Chapter 251), speeding up the Texas probate process. This can be helpful when creating Texas wills.
Store your signed original will securely. Tell someone you trust its location. It’s also important to inform your executor where you’re keeping it. Knowing how the probate process works, especially concerning filing the will with the probate court, is important in Texas.
Updating Your Will
Review your will after major life events (marriage, divorce, birth, or death). Account for potential life changes when planning your will. Changing it requires a codicil or a new will. Both methods must adhere to Texas’s legal will requirements.
DIY Options and Legal Advice
Here’s information on different routes for creating a will, comparing formal and holographic will requirements.
| Method | Description | Pros | Cons |
|---|---|---|---|
| DIY Will Software | Programs or online platforms that guide you through the will-writing process. | Often low-cost and convenient. Good for simple wills and texas requirements. | May not address complex situations, posing a risk of legal errors. |
| Attorney-Drafted Will | A lawyer prepares your will, adhering to state law. | Offers professional estate planning expertise for complex situations and provides legally valid documents. Can help with living trusts and other estate planning tools. | Attorney fees can be high. |
| Statutory Will Forms | Pre-approved forms by the Texas Supreme Court to simplify will creation. | Free and straightforward, covering basic will needs. | Limited customization; unsuitable for complex situations. |
| Requirement | Formal Will | Holographic Will |
|---|---|---|
| Age of Testator | 18+ | 18+ |
| Must Be in Writing? | Yes (Typed or printed) | Yes (Entirely handwritten by the testator) |
| Witnesses Required | 2 witnesses of sound mind 14+ who aren’t beneficiaries and will sign. | Not required |
| Notarization Needed to Validate? | No, but recommended to be self-proving for smoother probate. | No, but recommended to be self-proving for smoother probate. |
| Who Can’t Witness | Beneficiaries of the will | N/A |
If you’re unsure about creating a will, seek legal counsel from an experienced estate planning attorney or the Texas Attorney General. Consult trusted loved ones for advice.
Common Misconceptions About Wills in Texas
There are misunderstandings about Texas wills. Texas residents should be aware of the common misconceptions when getting a will made in Texas. The state of Texas has some requirements surrounding this to be sure the wishes of the deceased are fulfilled according to their choosing and their sound mind.
Myth 1: A Will is Only for the Wealthy
A will documents your preferences regardless of your estate’s size. It designates who receives specific items, ensuring your wishes for your estate are fulfilled. It doesn’t matter if you have a complex estate or a modest one.
Myth 2: Once Made, a Will Can’t be Changed
You can update your will to reflect life changes, like marriage, divorce, or acquiring new real property. For married person’s or person making a will while serving in armed forces, it is possible to create Texas wills at a younger age than those otherwise.
Additional Estate Planning Considerations in Texas
A will may not cover everything in your estate plan. Consider including a living will, which outlines your medical treatment preferences if you’re incapacitated, along with beneficiary designations and powers of attorney.
Beneficiary Designations
Assets with named beneficiaries, like life insurance or retirement accounts (like pension plans, etc.) transfer directly to them outside of probate, regardless of your will. The durable power and legal requirements mean this can impact how to get a will made in Texas. Bank account beneficiaries, like for Texas online bank accounts and otherwise, bypass wills also.
Power of Attorney
A durable power of attorney allows someone to manage your finances if you become incapacitated. A medical power of attorney lets someone make healthcare decisions for you. Texas law supports these arrangements, which can significantly impact a personâs estate.
eFileTexas Guided Interview: Estate Planning
eFileTexas provides interactive interviews, approved final versions of forms for specific requirements of wills, and self-help services. This helps you create completed forms for various documents like advance directives and medical record releases.
FAQs About How to Get a Will Made in Texas
How much does it cost to make a will in Texas?
DIY wills with approved Texas templates cost under $200. Attorney-drafted wills range from several hundred to over a thousand dollars. The frequently asked questions on Texas wills cover this topic, and legal guides may also discuss this and similar things. It is very valuable for the professional estate planning community to do all they can to get clients situated in a way that works best for them.
Do you need a lawyer to make a will in Texas?
While not required, legal advice from someone offering professional estate planning services can be valuable, especially for complex estates code implications.
Does Texas require wills to be notarized?
A will in Texas does not have to be notarized. A self-proving affidavit, signed by you and your witnesses before a notary public, simplifies probate. This speeds up the process since your witnesses won’t have to appear in Texas court to testify. Texas requirements and common misconceptions surrounding that can create issues for final arrangements and similar concerns for the personas estate.
Is a self-made will legal in Texas?
Yes, many Texans create valid Texas wills using resources like templates included in deed kits and available through free library accounts.
Conclusion
Knowing how to create a will in Texas helps protect your loved ones and legacy. This guide offers essential information for this crucial step, providing peace of mind while addressing how to create a will tailored to your needs. Planning your final arrangements can ease the burden on your loved ones during challenging times.
Several options are available to understand will creation in Texas, depending on factors like state law, probate processes, costs, the estate’s complexity, and prior wills. Research and family advice offer valuable perspective, ensuring a smoother process tailored to your situation.
Our experienced estate planning attorneys in Texas are ready to help you create an estate plan that meets your needs and goals. During a consultation, we can discuss your situation, answer your legal questions, and explore how we can assist. Call us at (888) 584-9614 or contact us online to start planning your estate today.
