What Kinds of Wills Do Courts Recognize in Texas?

wills in Texas

We understand that drafting a will is difficult because no one wants to plan for death. Even so, by drafting a will, your family will know your decisions during a time when they’re emotionally burdened by loss.

There are two main types of wills that courts recognize in Texas: an attested will and a holographic will. When you’re drafting a will you have important decisions to make, and the better you understand your options, the easier it is to make the right decisions. Our attorneys at C.E. Borman & Associates are glad to answer you questions and explain your legal options.

Attested Will

  • Based on Texas statutes an attested will has these requirements:
  • It must be in writing.
  • It must be signed in person by the testator (person creating the will).
  • Or, it must be signed by a person the testator designates, in the testator’s presence and under his/her direction.
  • Two or more credible witnesses who are at least 14 years of age must attest to the will by signing their names in the presence of the testator.

Holographic Will

A holographic will must be written in the testator’s own handwriting. No witnesses are required.

Self-Proved Will Affidavit

Sometimes called a self-proved will, this document is actually a self-proving affidavit that the testator subscribes to and attests to. The affidavit is attached or added to the will. Or, the affidavit is executed, attested to and signed by the testator and witnesses all at the same time while in the presence of an officer authorized to administer oaths. The self-proved will affidavit must also be in the form outlined by statute Sec. 251.1045.

Get Legal Help with Drafting a Will

At C.E. Borman & Associates, we are glad to help you draft a will and can discuss the factors you may want to include. We also can help you with all matters related to your estate and the probate process.

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