Creating a will is one of the most important steps you can take to protect your loved ones and ensure your wishes are carried out after your death. While many people choose to work with an attorney, Texas law also allows individuals to create their own wills if they meet the legal requirements. Understanding those requirements can help you prepare a will that is more likely to be accepted during probate. An Arlington, TX wills lawyer can help individuals prepare a legally valid will, ensure it complies with Texas law, and create an estate plan that reflects their wishes while helping minimize potential disputes during probate.
Start with the Legal Requirements
In Texas, you generally must be at least 18 years old (or legally married or serving in the military) and of sound mind to make a valid will. Being of sound mind means you understand that you are creating a will, know the general nature of your property, recognize the people who would naturally inherit from you, and understand how your will distributes your assets.
Clearly Identify Yourself
Begin your will by stating your full legal name, county of residence, and that the document is your Last Will and Testament. Including language that revokes all previous wills and codicils helps prevent confusion if you’ve created estate planning documents in the past.
Name an Executor
Your executor is the person responsible for carrying out the instructions in your will, paying debts, and handling the probate process. Choose someone who is organized, trustworthy, and willing to serve. It’s also a good idea to name an alternate executor in case your first choice is unable or unwilling to act.
Specify Who Receives Your Property
Clearly identify your beneficiaries and describe what each person should receive. Use full names whenever possible and be specific when describing valuable assets. If you’re leaving your entire estate to one person, state that clearly. If you’re dividing your estate among multiple beneficiaries, explain the percentages or specific gifts to avoid misunderstandings.
Address Minor Children
If you have children under 18, your will is an opportunity to nominate a guardian for them if both parents are deceased. While a court will ultimately determine what’s in the child’s best interests, your nomination carries significant weight and provides valuable guidance.
Sign the Will Properly
One of the most common reasons wills are challenged is improper execution. A typed will in Texas generally must be signed by the person making the will and witnessed by two credible witnesses who are at least 14 years old. The witnesses should sign the will in the testator’s presence. Although Texas also recognizes handwritten (holographic) wills under certain circumstances, they must meet specific legal requirements and can present additional questions during probate if not prepared carefully.
Consider a Self-Proving Affidavit
A self-proving affidavit is signed before a notary by you and your witnesses, usually at the same time the will is executed. While it doesn’t make the will more valid, it can simplify the probate process because the witnesses typically won’t need to appear in court to verify their signatures.
Store Your Will Safely
Keep the original will in a secure location where your executor can easily access it when needed. Let your executor know where it is stored. Avoid making handwritten changes after the will has been signed, as those changes could create confusion or legal issues.
Know When to Seek Legal Advice
Simple estates may be suitable for a do-it-yourself will, but professional guidance is often worthwhile if you own a business, have a blended family, own significant assets, expect family disputes, have a beneficiary with special needs, or want to minimize estate tax or planning complications.
Creating your own will can provide peace of mind and help ensure your wishes are documented. By following Texas’s legal requirements, being clear and specific, and properly executing the document, you can improve the likelihood that your will will be admitted to probate and your estate administered according to your intentions. When in doubt, consulting an experienced Texas estate planning attorney can help you avoid costly mistakes and ensure your estate plan reflects your goals. Contact Brandy Austin Law Firm to discuss your estate planning needs and create a will that protects your wishes and your loved ones.