How to Make Your Own Will & Testament in Texas

By Salvatore Jackson

A last will and testament is a document that sets forth the wishes of a deceased person, called a decedent, for the distribution of his property after his death. For a last will and testament to have legal effect, an individual named in the will, called a personal representative, must present the will to a Texas probate court. While the formal requirements for drafting a will can be generally technical and extensive, Texas law permits the creation of holographic wills, which is a will that is handwritten by the decedent. Texas law relaxes the formal requirements for accepting a holographic will to probate court.

Step 1

Obtain a pen and several blank pieces of paper. Texas law only recognizes holographic wills that are entirely handwritten by the decedent. Any typewritten or computer-written phrases in a holographic are ignored by the probate court. A will that is typed up and signed does not comply with the Texas holographic will statute, and would have to comply with the Texas formal will statute, which requires the signature of disinterested witnesses.

Step 2

Declare that you are writing your will and are of sound mind. In order to accept a holographic will, a probate court judge must conclude that the decedent had testamentary capacity when drafting the will. Testamentary capacity requires a decedent to understand the value of his property, the natural objects of his bounty, which are family members and other people close to him and the disposition he is making. Additionally, if you have any other wills currently in existence, indicate that they are revoked.

Protect your loved ones. Start My Estate Plan

Step 3

Set forth your property and to whom the property will be bequest to. It is not necessary to list every item being bequeathed. Categorical bequests, such as “my automobiles to Jane” or “my clothing to Jack” are a sufficiently specific bequests. However, merely listing fractions of your estate, such as “one-half to Jane, one-half to Jack” is not sufficiently specific.

Step 4

Include a residuary clause. The residuary estate is any portion of a decedent’s estate not specifically bequeathed to a person. If you do not bequest the “leftovers” of your estate to another person, they will pass by intestacy. An example of a residuary clause is “I bequest the rest and remainder of my estate, including any personal and real property in which I may have an interest, to Jane.”

Step 5

Describe the circumstances of any unusual bequests. If you are leaving a close relative out of your will, such as a child or sibling, he may challenge your will on the basis that you were not of sound mind when making the will. Explaining in the will why they have been left out or have not been bequeathed a traditionally proportionate share would be a prudent practice.

Step 6

Sign and date the bottom of the will.

Step 7

Draft a self-proving affidavit. If you draft a self-proving affidavit, you will not need any witnesses to testify the will is in your handwriting. On a separate piece of paper, set forth that you are over the age of 18, of sound mind when the will was drafted, have not revoked the will and that the will is your last will and testament. Sign the self-proving affidavit and attach it to your will.

Step 8

Deposit the will with the probate court. Texas law permits an individual to deposit her will with the county probate court during her lifetime for a fee of $5. Contact your local probate court for its procedure for accepting deposited wills. After depositing your will, you will receive a certificate of deposit from the probate court. You should keep this certificate in a safe place.

Protect your loved ones. Start My Estate Plan
Virginia Inheritance Law for Siblings

References

Related articles

How to Probate a Will in BC, Canada

In Canada, all wills are subject to probate, a court process that validates the will and gives the legal authority for distribution of the assets belonging to the estate. An executor named in the will is responsible for bringing the will to probate and handling the estate according to the will's instructions. Not all documents require probate but if you have been named executor, follow the legal procedures to avoid the loss of time and money in carrying out this task.

How do I Create a Basic Will in Maine?

If you are a resident of Maine, unless you create a will, your assets will be distributed after your death according to the laws of intestacy contained in Part 1 of Title 18-A, Article 2 of the Maine Revised Statutes. A basic will in Maine can be made by anyone over 18 years of age. It must be in writing, and must be signed by the person making the will and at least two credible witnesses.

Maryland's Inheritance Law

When a person dies, his estate, comprised of all property acquired during his lifetime, will be distributed to his heirs and beneficiaries. In Maryland, property passes in accordance with the state's inheritance laws. These laws provide guidance for estates passing by will or through intestate succession, as well as nonprobate assets. Beneficiaries are determined by how the deceased's estate is set up.

LegalZoom. Legal help is here. Start Here. Wills. Trusts. Attorney help.

Related articles

How to Make Your Own Will Forms

A will is a document that tells a probate court how to distribute the assets of the person who wrote the will -- known ...

How to Exclude People When Making a Will

Most states will not allow you to exclude your spouse from your will. According to the American Bar Association, this ...

Ohio Laws on Wills

Ohio laws on wills are set out in Chapter 2107 of Title 21 of the Ohio revised code. A will is a legal document that ...

Can a Power of Attorney Sign a Will?

A power of attorney grants one person the legal authority to act on behalf of another for certain purposes, which are ...

Browse by category
Ready to Begin? GET STARTED