Preparing a will is one of the most important ways to protect your family and make your wishes clear. However, simply writing down what you want is not always enough. In Texas, a will must meet certain legal requirements to be considered valid.
Who can make a will in Texas?
Under Texas law, a person can make a will if they are of sound mind and, at the time the will is signed, meet at least one of the following requirements:
- They are 18 years of age or older
- They are or have been married
- They are a member of the United States Armed Forces, an auxiliary of the Armed Forces, or the United States Maritime Service
This means the person making the will should understand that they are creating a will, generally know what property they own, and understand who they want to receive their assets.
Basic requirements for a formal will in Texas
In Texas, a formal will generally must meet three main requirements:
- It must be in writing
- It must be signed by the testator (the person making the will), or by another person in the testator’s presence and under their direction
- It must be signed by two or more credible witnesses (at least 14 years old) in the presence of the testator
These requirements are important because they help show that the will was made voluntarily and in compliance with Texas law.
Can a handwritten will be valid?
Yes. Texas recognizes handwritten wills, also known as holographic wills. A holographic will must be written entirely in the handwriting of the person making the will. Under Texas law, a handwritten will does not need to be signed by witnesses.
Although a handwritten will may be valid, it can still create problems if it is unclear, missing important information, or if someone later questions the handwriting, intent, or mental capacity of the person who wrote it.
Does a will need to be notarized?
A formal will does not necessarily have to be notarized to be valid in Texas. However, a will may include a self-proving affidavit, which is a sworn statement signed before an authorized officer, such as a notary.
A self-proving affidavit can make the probate process easier in the future because it helps prove that the will was signed properly.
Common mistakes that can affect the validity of a will
- Failing to use proper witnesses
- Not signing the will correctly
- Using unclear or vague language
- Failing to clearly identify beneficiaries
- Not naming an executor
- Preparing a document that does not clearly show intent to distribute property after death
It is also important to update your will after major life events, such as marriage, divorce, the birth of children, the purchase of a home, changes in your assets, or the death of a beneficiary.
Protect your wishes and your family
A valid will can help prevent confusion, family conflict, and unnecessary expenses. The best way to protect your wishes is to prepare a clear, well-drafted document that complies with Texas law.
At Ace Law, we can help you prepare or review your will so you and your family can have greater peace of mind.
