Texas Last Will and Testament RequirementsYour will must be “in writing, which means it exists in physical form. You must be at least 18 years old. You must have a good mind and memory. You must do your will freely and voluntarily.
In Texas, if you die without a will, your property will be distributed in accordance with state intestate laws. Texas intestate succession law gives your property to your closest relatives, starting with your spouse and children. If you don't have a spouse or children, your grandchildren or parents will keep your property. This list continues with increasingly distant relatives, including siblings, grandparents, aunts and uncles, cousins, nieces and nephews.
If the court exhausts this list to determine that you have no living relatives by consanguinity or marriage, the state will keep your property. In Texas, you can revoke or change your will at any time, unless you have signed a contract not to change your will. In Texas, anyone eighteen (1) years of age, or any married minor or minor in the Armed Forces, and in their right mind, can make a will. For a will to be valid in Texas, the person making the will (the testator) must have legal capacity, testamentary capacity, and testamentary intention.
A Texas will and will also give the testator the option of choosing a guardian for minor children. The Texas will and will can be changed at any time through a codicil, an amendment to the will that must follow the same procedures as the original will. However, especially if you intend to reside in Texas, it would be wise to consult with a Texas lawyer to ensure that your will complies with Texas statutes and take advantage of special laws that simplify the probate process. Section 251,105 of the Texas Probate Code states that a signature on a self-proven affidavit is considered a signature of the will if it is necessary to prove that the testator or witnesses or both signed the will, except that, in that case, the will cannot be considered a self-proven will.
The creation of a will and will can map out a plan for the desired distribution of assets, including real and personal property, after your death. Although a will and will are not legally required, without a will state laws (called intestate succession laws) will determine the distribution of the assets of an estate. In addition to having legal capacity, testamentary capacity, and testamentary intent, you must follow specific legal formalities for a will to be valid. However, creating a will in Texas can allow you to take advantage of unique procedures and laws that can simplify probate and affect the distribution of your estate.
