What Are the Requirements for a Will to Be Valid in Texas?

The state of Texas recognizes three types of wills as valid if they all possess two mutual requirements: The testator must be considered to be of sound mind and must be at least 18-years-old. Under these conditions, one would assume that a valid will is based on the wishes of a party who is functioning at full mental competence and is coherent and competent of making such choices. The age of qualification does not apply if the testator is a member of the U.S. Armed Forces or legally married. However, there are a few varying prerequisites among other sorts of wills.

In addition to the correlative requisites mentioned above, a nuncupative will (also known as an oral will) instructs that the testator make such bequeaths at their home or other location resided at for a minimum of 10 days prior. An anomaly to the rule is when the testator has become ill and must seek treatment somewhere else other than the residence such as the hospital where they then pass.

In such circumstances, an oral will can be made at that location. If the worth of the estate as a whole is more than $30 total, the oral will must be witnessed by at least three parties who can attest that the conclusion was made by the testator and they were in sound mind.

The state of Texas also acknowledges the holographic will which are completely written in the testator’s handwriting. It does not necessitate any witnesses and can be considered a self-proving will if an affidavit is attached.

A licensed estate attorney can provide assistance with preparing a valid will, while also contacting and securing witnesses to testify in circumstances where the authenticity of a will is challenged.

Schedule a Consultation Today to Discuss Which Will Is Right for You

There are a few aspects for fulfilling requirements for a will in Texas. The procedure is naturally an experience no one would want to undergo alone. Fortunately, you don’t have to. Our team of attorneys has over 35 years of experience helping individuals and families plan for their futures, protecting surviving spouses, and safeguarding assets for loved ones. We welcome you to call the Voeller Law Firm today at (210) 651-3851 to request a consultation and learn more about types of wills and estate planning. We are proud to serve the greater San Antonio, Bexar County, Comal County, Guadalupe County, and South Texas areas.

Our services go far beyond merely preparing – we do our best to help you protect your future.

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A law practice limited to estate planning, elder law planning, probate and business planning. Through seminars and free initial consultations, the lawyers at the Voeller Law Firm can help area residents and businesses evaluate their legal needs and determine what their options are.