Who Can Make a Will in Texas and How to Execute One

 Posted on October 20, 2022 in Estate Planning and Probate

Creating a will is often seen as the most basic form of estate planning. While an increasing number of people choose trusts over wills, these documents still have important uses for many individuals. Smaller estates may be passed entirely through wills in some instances. Texas state law sets out a few basic requirements that must be met in order for a will to be considered valid and enforced during probate. Some requirements relate to who the testator is, while others proscribe a very specific method of will execution.

In general, most adults will be able to create a will in Texas. There are limitations based on the testator’s competency, however. This is one reason why middle-aged and even young adults should consider creating a will now rather than waiting until they are older adults at risk for age-related mental deterioration. It is also highly advisable to execute a will only under the direct supervision of a qualified lawyer. 

Who is Eligible to Create a Will?

Generally, a person must be at least 18 years old to create a will. However, in Texas there are two notable statutory exceptions. A minor who is married or was married in the past will typically be permitted to create a will. A second patriotic exception pertains to minors who are serving in the U.S. military or an armed forces auxiliary agency. Testators must also be of sound mind.

How a Will is Created in Texas

In Texas, a will must be executed using a specific legal procedure. The formalities associated with will execution have remained generally unchanged throughout the years, although recent technological developments may ultimately create some change in the interpretation of these rules. 

To be valid, a will must be in writing and signed by the testator. (If the testator is unable to produce a signature, another person may sign the document at the testator’s direction. However, these are not the only requirements. At least two credible witnesses must sign the will as well, while in the presence of the testator. 

Even minor mistakes in the formal execution process may have the unwanted effect of invalidating the entire will. It is best not to risk the enforceability of your will by attempting to formally execute your will without the assistance of a qualified attorney. These rules are generally interpreted in a very strict manner. 

There may be exceptions in certain cases involving self-made emergency wills, but it is unwise to rely on a will not formally executed. 

Contact a Texas Wills Attorney

Geoff Mayfield, Attorney at Law is experienced in helping clients execute effective and enforceable wills with our guidance. Our practiced Bexar County wills lawyers will do all we can to ensure that the terms of your will will be carried out. Call us at 210-535-0870 for a free consultation. 

Source:

https://statutes.capitol.texas.gov/Docs/ES/htm/ES.251.htm