Texas Wills and Probate

Texas Wills and Probate Lawyers

Creating a valid last will and testament is one of the most proactive steps you can take to protect your family, preserve your hard-earned assets, and provide clear guidance for the future. Without a formal will in place, decisions regarding your property and estate may be determined under the default rules of Texas law rather than according to your personal preferences.

A will is a legal document that directs how your assets — personal property, financial accounts, real estate, and other belongings — should be distributed after your death. It also allows you to appoint an executor, the person responsible for administering your estate, satisfying outstanding obligations, and ensuring your instructions are carried out.

For parents of minor children, a will serves an additional and particularly important function: it lets you designate a legal guardian to care for your children if both parents die unexpectedly. Without that designation, a court will make the decision for you, without the benefit of knowing your wishes.

What Is a Will in Texas?

Texas recognizes several types of wills, along with related estate planning tools that may be incorporated into a comprehensive estate plan.Understanding how these classifications differ is essential when determining the right strategy for your estate:

Please note: While the state recognizes formal and handwritten options as the primary documents for distributing property after death, Texas law explicitly rejects oral (nuncupative) wills.

Recognized Types of Wills under Texas Law

To create a valid document, Texas property and estate codes enforce strict statutory guidelines regarding who can execute a plan:

Attested (Formal) Wills: This is the most common type of estate document. A formal will in Texas must be signed by the testator and attested by at least two witnesses over the age of 14 in the testator’s presence.
Holographic Wills: According to Section 251.052 of the Texas Estates Code, a will written wholly in the testator's handwriting is not required to be attested by subscribing witnesses. While holographic wills can be valid in Texas under specific circumstances, errors in handwriting or phrasing may create disputes during probate proceedings.
Electronic Wills: As digital management expands, Texas permits electronic wills that are executed and stored digitally, provided they comply with legal safeguards and electronic signing requirements.
Pour-Over Wills: Pour-over wills are a type of will that directs assets into a trust upon the testator’s death.
Mirror Wills: Mirror wills are separate but similar wills commonly used by spouses, including situations involving a married person, a single widowed or divorced individual, or families with children from multiple relationships.
Living Wills: Separate from property distribution, Living Wills (Advance Directives) in Texas establish medical preferences if a person becomes terminally ill or incapacitated.
Testamentary Trusts: Testamentary trusts are trusts created after death under the terms of the decedent’s will; they may be used in estate planning involving minor children or beneficiaries who require ongoing financial oversight.

Strict Legal Requirements for Validation

To create a self-proving will in Texas, it is generally recommended that the will be signed before a notary public in addition to the required witnesses.

Attaching a self-proving affidavit will simplify the probate process by reducing the need to locate witnesses after death, and it may save the family legal fees.

Age and Marital Status: The testator must generally be at least 18 years old, married, or a member of the United States military to create a valid will in Texas.
Mental Capacity: The creator must be of sound mind, meaning they understand the nature of the document, the property they own, and the identity of their family members or beneficiaries.
The Execution: The testator and two witnesses who are at least 14 years old must sign the will in accordance with Texas legal requirements.

Minimizing Costs with a Self-Proving Affidavit

Probate is the legal process in which a court hears evidence to confirm a person’s death, verify the validity and terms of a will, and administer a deceased person’s estate.

In Texas, applications to probate a will generally must be filed within four years from the date of death, although limited exceptions may apply.

Once probate begins, the executor or administrator may gather estate assets, address outstanding debts, and distribute property to beneficiaries or heirs. The court may provide the executor with instructions based on the court’s findings regarding the will.

Navigating the Probate Court Process

Whether you need to outline your wishes for the first time or require experienced representation to handle an ongoing estate administration matter, Bailey & Galyen is here to provide guidance regarding your legal options.

Call our office at (844) 592-0436 or send an online request to schedule your free consultation. Our phone lines are open twenty-four hours a day, seven days a week, ensuring you can find the information you need exactly when you need it.

Contact Our Texas Wills and Probate Attorneys Today

Frequently Asked Questions

Yes, the state allows people to use simple templates, and the Supreme Court of Texas has approved forms for single, widowed, married, or divorced people, with and without children. But drafting errors or failure to comply with Texas legal requirements may create complications during probate proceedings. To ensure that you have a valid will and proper estate plan, it is always better to consult with an experienced attorney, especially if you have significant assets or complicated family relationships.

An executor is appointed to manage the financial assets, debts, and property distribution of your estate. A guardian is selected to take physical custody and provide daily care for your minor children if you pass away.

If you have children and are married, Texas intestacy laws determine how assets are distributed. In blended family situations, the outcome may differ from what the deceased person intended.

Yes, under Section 251.052 of the Texas Estates Code, a document written entirely in your own handwriting may be valid without witnesses if it complies with Texas law. Changes to a will generally must comply with Texas legal requirements to remain valid.

Under the Texas Estates Code, an unmentioned child born or adopted after the execution of your will is legally classified as a pretermitted child. State codes generally provide these children with an automatic share of your estate to prevent accidental disinheritance, unless your text explicitly states otherwise or you provided for them through alternate out-of-will assets.

Yes, but they must possess standing, meaning they are an interested party who would financially benefit if the document were invalidated. Common grounds for contesting a will in Texas include allegations of lack of testamentary capacity, undue influence, fraud, or improper execution.

No. Under Texas intestate succession guidelines, stepchildren have no automatic inheritance rights to your separate or community property. If you wish to pass assets down to a stepchild, you must explicitly name them as a beneficiary within a valid, written will document.

A durable power of attorney authorizes a trusted person to manage certain financial and legal matters on your behalf while you are alive, including if you become physically or mentally incapacitated. A durable power of attorney generally ends upon your death. An executor is the person named in your will who is responsible for carrying out your wishes, managing estate administration, and overseeing the distribution of assets through the probate process.

Texas Wills and Probate Lawyers

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