How to Draft a Valid Will in Texas

How to Draft a Valid Will in Texas

Drafting a valid will in Texas is a crucial step for ensuring that your assets are distributed according to your wishes after your passing. Understanding the requirements and processes involved can help make this task smoother and more efficient.

1. Understand Texas Will Requirements

In Texas, a will must meet specific criteria to be considered valid:

  • The testator (the person making the will) must be at least 18 years old or legally married.
  • The will must be in writing, which can be handwritten or typed.
  • The document must be signed by the testator or by someone else on their behalf in their presence.
  • At least two witnesses must be present at the time of signing, and they should also sign the will. The witnesses should be at least 14 years old and cannot be beneficiaries of the will.

2. Choose the Right Type of Will

Texas recognizes several types of wills, including:

  • Attested Will: This is the most common type, which requires witnesses as mentioned above.
  • Holographic Will: A handwritten will, signed by the testator, that does not require witnesses, but some conditions apply.
  • Self-Proving Will: This includes an affidavit from the testator and witnesses, making it easier to validate in court after death.

3. Clearly Identify Your Assets and Beneficiaries

When drafting your will, it's essential to clearly identify all your assets, including real estate, bank accounts, personal property, and investments. Be specific about who will inherit each asset. Use full names and, if possible, additional identifying details to avoid confusion.

4. Designate an Executor

The executor is the person responsible for managing your estate, paying debts, and distributing assets according to the will. Choose someone who is trustworthy, organized, and willing to take on this responsibility. It’s advisable to discuss this role with them beforehand.

5. Consider Guardianship for Minor Children

If you have minor children, your will should include provisions for their guardianship. Select a trusted individual or couple to take care of your children in case both parents pass away. Make sure to have a conversation with the selected guardians to ensure they are willing to accept this responsibility.

6. Consult a Legal Professional

While it’s possible to draft a will on your own, consulting a Texas estate planning attorney can help ensure that your will complies with state laws and truly reflects your wishes. An attorney can offer guidance on complex situations, such as blended families or large estates.

7. Store Your Will Safely

After the will has been drafted and signed, store it in a safe location. Common storage options include a safe deposit box, a fireproof safe at home, or with your attorney. Inform your executor of its location to ensure it can be easily accessed after your death.

8. Review and Update Regularly

Life changes such as marriage, divorce, the birth of a child, or acquiring new assets will necessitate updates to your will. Regularly reviewing and revising your will helps to ensure that your wishes are accurately reflected and minimizes the potential for disputes among beneficiaries.

Drafting a valid will in Texas doesn't have to be daunting. By following these steps and understanding the requirements, you can effectively prepare for the future and ensure your wishes are honored.