Hello readers! This week’s blog will be about wills in Texas. I will go over what is a will, when you don’t have a will, how it works, and the legal requirements to make a will valid.
What Happens if Someone dies without a Will?
Before we can discuss wills generally, it is important to know why wills are important and what happens when you don’t have one.
In Texas, when someone dies without a will they die intestate. This means that state law will determine how your property and assets (i.e., your estate) will be distributed. This process is typically done in a probate court. I won’t go too much into detail here about the probate process in Texas, but essentially the court will determine who your property will pass on to after you’re gone. Fortunately, in Texas the probate process can be relatively uncomplicated, if your estate planning is set up properly. If you don’t have many relatives, or don’t have many belongings, having your estate pass intestate may not be a bad idea.
What is a Will?
A will, or “Last Will and Testament,” is a legal document that outlines how your belongings and property will be distributed after your passing. The most common wills are holographic wills and formal wills. These wills are what 95% of people will likely need.
Holographic Will
A holographic will is one that is handwritten and signed by its author. A common example people point to is when you write on the back of a napkin “This is my Will, I leave all my property to my sister” and sign it. In Texas, this would, technically, be legally enforceable. Holographic wills are popular because you don’t need witnesses to sign them, and you can create one yourself without an attorney. The major downside to holographic wills is that they don’t have the same protections as formal wills. For example, a holographic will can be challenged in court for being invalid because there were no witnesses to testify as to your mental state, or if you were pressured to create and sign it. So, when it comes to holographic wills proceed with caution; they may be easy to create, but can lead to major headaches for family members down the line. If you or someone you know has a holographic will, advise them to consult with an experienced estate planning attorney.
Simple Will
A simple will is the most basic type of formal will in Texas, however, don’t let the name fool you. For a simple will to be valid you must be aware that you are creating a will, include the property that you want to distribute, and it must be signed by you and two “disinterested” witnesses. These witnesses should not be persons who could obtain property from your estate (i.e., a beneficiary/heir). Simple wills are typewritten, not hand written, and are traditionally prepared by an attorney. These days, many people use online services to create their own simple wills, like legal zoom, which can save money on the front-end. However, problems can arise when these generic wills are probated which can costs thousands in legal fees if done wrong. So, it’s best to have an attorney draft your will to so that your estate is distributed as you intend.
Have a Question?
Have a question? Reach out to me and let’s discuss preserving your wealth and legacy today.
Email: info@dockerydoeslaw
Phone: (956) 476-5475
DISCLAIMER
This post contains general legal information and does not constitute professional legal advice for your particular situation. This page does not create an attorney-client or legal adviser relationship. The information provided here is mainly geared towards Texas residents. If you have specific questions, please consult a qualified attorney licensed in your state or jurisdiction.