For each person who wishes to leave everything in order in the event of their passing, a documented last will and testament is the proper and necessary option. There are those who have accumulated assets over the years and would like to divide it according to how they deem it fit.
In the state of Texas, there are governing laws as to the creation and execution of these wills. They follow strict bylaws and probates to be able to make sure that everything is done legally and will be executed the same way.
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 mental capacity of the testator or their ability to reason and make rational decisions is important during the creation of the will. This is what would qualify as a capable testator. The last will and testament should be done in the testator's own free will; otherwise, it will not be a valid document.
A pair of credible witnesses is required to attest to the creation of the will as well as the credibility of the testator. They must sign the document in the testator's presence and must at least be 14 years of age. The beneficiaries or those who will be receiving the inheritance and a person who will administer or execute the details of the will are all required in Texas Wills.
A handwritten will which must appear to be personally written by the testator, a typewritten will which has been given ample time and preparation by the testator with or without the help of their lawyer and an oral will which is only applicable for personal property are the three types of wills recognized in Texas.
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.
Apart from properties, there are other purposes for Texas Wills; some would be meant for endorsing minor children to a new legal guardian or perhaps to appoint an individual to manage property and in some cases, the transfer of ownership for pets.
In the state of Texas, there are governing laws as to the creation and execution of these wills. They follow strict bylaws and probates to be able to make sure that everything is done legally and will be executed the same way.
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 mental capacity of the testator or their ability to reason and make rational decisions is important during the creation of the will. This is what would qualify as a capable testator. The last will and testament should be done in the testator's own free will; otherwise, it will not be a valid document.
A pair of credible witnesses is required to attest to the creation of the will as well as the credibility of the testator. They must sign the document in the testator's presence and must at least be 14 years of age. The beneficiaries or those who will be receiving the inheritance and a person who will administer or execute the details of the will are all required in Texas Wills.
A handwritten will which must appear to be personally written by the testator, a typewritten will which has been given ample time and preparation by the testator with or without the help of their lawyer and an oral will which is only applicable for personal property are the three types of wills recognized in Texas.
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.
Apart from properties, there are other purposes for Texas Wills; some would be meant for endorsing minor children to a new legal guardian or perhaps to appoint an individual to manage property and in some cases, the transfer of ownership for pets.
About the Author:
When you are starting out with probating a will in Texas, it might not be the best strategy to write a legal will without help. A professional can help you out and save you from potential mistakes.
