A Place for Everything and Everything in Its Place

A last will and testament is created by an individual for them to have the security of being able to properly transfer their assets and other properties to rightful entities in the event of their passing.

As with any other place, there are governing laws on the proper creation and execution of the last will in the state of Texas. These are being mandated to ensure the legality of any claims toward the execution of Texas Wills.

In Texas, there are a number of pre-requisites for a person’s last will to be valid and binding. The testator or the person who wishes to have a will should either be currently serving in the armed forces, married or is at least eighteen years of age.

The capacity of the testator is also another requirement in which, the testator must be voluntarily creating the will. They must be of sound mind and is capable of rational thoughts and decision making. This ability is important as the will would not be legally binding should the testator be coerced in to creating it.

Two credible witnesses are required to appear before and sign the testament in the presence of the testator. They must be at least fourteen years old at the time of witnessing the creation of the will. Other entities involved and required in Texas Wills are the beneficiaries of which will be entitled to the inheritance left behind by the testator; and finally an appointed administrator to execute the instructions in the will.

There are three recognized forms of last wills and testaments in Texas. There are those which are typewritten; possibly prepared for in advance by both the testator and their lawyer, handwritten wills; these are personally written by the testator and finally, the oral will which is only applicable to personal property of which there are requirements to be met for this to become binding.

As far as the three recognized forms of wills are concerned, there are various laws and provisions which make these legally binding. Both the handwritten and the typewritten wills should be presented in court to prove its validity within four years from the date of the testator’s death. Otherwise, it will no longer be valid and the proceeds of whatever the testator has left will proceed with the rules of intestacy. Oral wills are not a common form of will to be left behind. This is why a particular number of witnesses may be required to testify to its claim and validity. Oral wills are also required to be made only in the deteriorating moments of the testator in their home with the exception of their passing prior to coming home as a result of taking them to a facility for care or sickness.

Texas Wills are not only meant for real estate and other assets. These are also meant to be used when a testator has minor children to be left behind and would need to appoint a legal guardian to provide care for them. Other purposes such as the transfer of ownership of pets and to appoint an individual to manage certain property are also accepted in these wills.