How to Make a Valid Handwritten Will in Texas

Writing a will is an important step in ensuring that your assets and property are distributed according to your wishes after your death. In Texas, there are specific requirements that must be met in order for a will to be considered valid. One option for creating a will is to write it by hand, also known as a “holographic will.” In this post, we will discuss the requirements for a valid holographic will in Texas and provide step-by-step instructions on how to create one.

What is a Holographic Will?

A holographic will is a will that is entirely written, dated, and signed by the testator (the person making the will) in their own handwriting. Holographic wills are often used as a quick and easy way to create a will without the assistance of a lawyer. However, it is important to note that the requirements for a holographic will are stricter than those for a typed or printed will and it is recommended to seek legal advice.

Requirements for a Valid Holographic Will in Texas

In order for a holographic will to be considered valid in Texas, it must meet the following requirements:

• The will must be entirely written, dated, and signed by the testator in their own handwriting.
• The will must be dated.
• The will must be signed by the testator.
• The will must be found after the testator’s death.

Step-by-Step Instructions for Creating a Holographic Will in Texas

1. Begin by clearly stating your intentions. In the beginning of the will, you should clearly state that it is your will and that you are of sound mind and body.
2. Clearly identify your assets and how you want them to be distributed. This should include all of your property, such as real estate, personal property, bank accounts, and investments. Be specific about who you want to receive each item and how it should be distributed.
3. Appoint an executor. An executor is the person who will be responsible for carrying out the instructions in your will. You should choose someone you trust and who is capable of handling the responsibilities of an executor.
4. Sign and date the will. Once you have completed the will, sign and date it in the presence of two witnesses. These witnesses should also sign and date the will.
5. Store the will in a safe place. Make sure to keep the will in a safe place where it can be easily located after your death. It is recommended that you give a copy of the will to your executor and to your attorney.

It is important to note that holographic wills may not be accepted in probate court. This is why it is always advisable to consult a lawyer before making any will.

Conclusion

In conclusion, creating a holographic will can be an easy and inexpensive way to create a will in Texas, but it is important to ensure that all of the requirements for a valid holographic will are met. By following the instructions outlined in this post, you can create a valid holographic will that ensures your assets and property are distributed according to your wishes after your death.

Do you need to hire an Experienced Probate Attorney to help?

If you have been named as the executor in a will, or if you are an heir or beneficiary of an estate, you may be wondering if you need to hire an experienced probate attorney to help.

The answer to this question depends on a few factors. If the estate is large and complex, or if there is any disagreement among the heirs or beneficiaries, then it is probably best to hire an attorney. An experienced probate attorney can help you navigate the probate process, and can represent your interests in court, if necessary.

If the estate is small and uncomplicated, you may be able to handle the probate yourself. The Texas Probate Code provides specific instructions for self-represented executors. However, even in a simple estate, there are many deadlines and requirements that must be met. If you are not sure whether you can handle the probate yourself, you should consult with an experienced probate attorney before proceeding.

Call us today for a FREE attorney consultation at (361) 502-4240.

Related questions

Does a handwritten will need to be notarized in Texas?

In Texas, a holographic will (a will that is entirely written, dated, and signed by the testator in their own handwriting) does not need to be notarized in order to be considered valid. However, it is important to note that the requirements for a holographic will are stricter than those for a typed or printed will, and it is recommended to seek legal advice.

It is also important to note that even though a holographic will does not need to be notarized, it still needs to be signed by two witnesses, who will also have to sign and date the will.

Additionally, holographic wills may not be accepted in probate court, and it’s always advisable to consult a lawyer before making any will.

Will a handwritten will stand up in court in Texas?

A holographic will (a will that is entirely written, dated, and signed by the testator in their own handwriting) can be considered valid in Texas as long as it meets the requirements outlined by the state’s laws. However, the probate court has the discretion to accept or reject a holographic will, and even if it is accepted, it may be subject to greater scrutiny and potential challenges than a typed or printed will.

It is important to note that the requirements for a holographic will are stricter than those for a typed or printed will. The holographic will must be entirely written, dated, and signed by the testator in their own handwriting, it must be dated, it must be signed by the testator, and it must be found after the testator’s death.

Additionally, it is always advisable to consult a lawyer before making any will, as they will be able to advise you on the legal requirements for a will to be considered valid in Texas, and help you avoid any potential legal issues.

What are the requirements for a will to be valid in Texas?

In Texas, a will must meet certain requirements in order to be considered valid. These requirements include:

1. The testator (the person making the will) must be at least 18 years old and of sound mind and memory.
2. The will must be in writing and signed by the testator or by another person at the testator’s direction, in the testator’s presence and at the testator’s express request.
3. The will must be signed by two or more credible witnesses, who must sign in the presence of the testator and in the presence of each other.
4. The will must not be procured by fraud, duress, mistake, or undue influence.
5. A will that is not entirely in writing, but is partially in writing and partially by another method, such as by recording or by word of mouth, is valid if the written portion and the other portion are consistent and the written portion is signed by the testator.

It’s important to note that a holographic will (a will that is entirely written, dated, and signed by the testator in their own handwriting) can also be considered valid in Texas, as long as it meets the additional requirements for a holographic will. This includes that the will must be entirely written, dated, and signed by the testator in their own handwriting, it must be found after the testator’s death.

It’s always advisable to consult a lawyer before making any will, as they will be able to advise you on the legal requirements for a will to be considered valid in Texas, and help you avoid any potential legal issues.

What makes a will invalid Texas?

In Texas, a will can be considered invalid if it does not meet the requirements outlined by the state’s laws or if it is procured by fraud, duress, mistake, or undue influence.

Some specific examples of what can make a will invalid in Texas include:

1. The testator was not of sound mind or memory at the time the will was executed.
2. The will was not signed by the testator or by another person at the testator’s direction, in the testator’s presence, and at the testator’s express request.
3. The will was not signed by two or more credible witnesses, who did not sign in the presence of the testator and in the presence of each other.
4. The will was procured by fraud, duress, mistake, or undue influence.
5. The will is inconsistent with another will executed by the testator.
6. The will was revoked by the testator before the testator’s death.

It’s also important to note that if a holographic will (a will that is entirely written, dated, and signed by the testator in their own handwriting) does not meet the specific requirements for a holographic will as outlined by Texas law, it may be considered invalid.

As always, it’s advisable to consult a lawyer before making any will, as they will be able to advise you on the legal requirements for a will to be considered valid in Texas and help you avoid any potential legal issues.