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What’s considered as a valid will in Texas?

| Mar 20, 2020 | Estate Planning

Each state’s laws dictate what’s considered to be a valid will. In Texas, Probate Code §57, et seq. outlines how a will must be executed for it to be upheld as valid in a court of law.

Texas is much like any other state in that the person drafting the will must be at least 18-years-old or older. An individual who is younger than that age may be able to lawfully draft a will if the testator belongs to the U.S. Armed Forces, the maritime service or is married. Everyone who drafts a will must be of sound mind at the time they execute it for this legal document to be upheld in a court of law.

The drafting of a will must generally be witnessed by two or more individuals over the age of 14 for it to be considered to be valid. Those persons must assign their names to the will in front of the testator for it to be deemed as properly executed. There are some exceptions to this rule though.

Holographic wills, or those that are written in the testator’s handwriting, don’t have to be signed off on by witnesses. The person drafting the will must include an affidavit with it letting any interested parties know that it’s their last will and testament though.

Nuncupative wills are also allowed in Texas. An individual must have three witnesses listen to them outline their final wishes for this type of will to be considered as valid. The testator must have also lived in their residence for 10 days or more before the execution of the will, and their assets must total over $30.

When individuals take time to write down their final wishes, they generally do so because they want to make sure that certain assets of theirs go to select individuals. This is one of the reasons why states like Texas allow testators to draft many different types of wills. An attorney in San Antonio can aid you in making sure that your will is properly executed per Texas law.