Texas Wills
Posted by Priscilla
Just like many other states Texas has certain rules that must be followed when creating a will to protect ones estate. If you own property in the State of Texas, it is imperative that a will is created to protect the estate, no matter how much property is actually owned.
The person that creates a will in Texas is called a testator. The testator must be 18 years old and of sound mind which means he/she is capable of making decisions. The will must be signed by the testator and two witnesses. The witnesses must be at least 14 years of age and must not receive a benefit from the will.
Wills are created to distribute property which is also known as an estate. In addition things like bank accounts, stocks, bonds, homes, land, furniture and automobiles are all included in the estate.
In Texas it doesn’t matter who gets the property after the death of the testator. The will establishes who and where the property is distributed.
Wills have various purposes:
- Designation of estate to surviving parties
- Designation of guardian for minor children
- Naming an executor of an estate
- Establishing exceptions to the ability to distributer property
- Establish community property that passes to the surviving spouse
- Provide for pets by assigning a caretaker
There are two types of wills that can be created – typed or holographic (handwritten). Most wills in Texas are typed however handwritten wills are legal. There are a few rules designated by Texas law that must be followed if a handwritten will is created. The will must be totally handwritten and signed by the testator along with two witnesses.
If the testator changes his/her mind about the existing will it can be revoked or changed. Partial changes to a will can be made using a codicil. A codicil is a document that states what changes or additions have been made. Otherwise the testator can revoke their will by creating a replacement will or destroying the existing will by burning, tearing up or cancelling the document.
After the death of the testator, the will is entered into probate court to determine the validity. All debts and taxes are paid and a representative is designated to administer the will.
Sometimes people die “intestate” which means they died without a will. When this happens, the family does not have control of the property distribution among loved ones. Property is distributed based on strict Texas laws.
Make sure before a loved one dies a will is created to protect their estate and allow the proper distribution of the estate.
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