Texas Wills

Your Texas Will, Done Right for Peace of Mind

What concerns me most is meeting families who believed they had everything in order, only to discover their loved one’s will was invalid. This happens frequently and causes significant distress for families.

Creating a will goes beyond dividing possessions. It ensures your family does not have to argue over what you intended to leave them. It provides peace of mind during a difficult time. In Texas, specific rules must be followed to ensure your wishes are carried out.

I’m Elissa Brewster Langston, a lawyer at Brewster Law Firm, and I’ve helped countless Sugar Land families ensure their wills do exactly what they’re supposed to do. As a Texas wills attorney in Sugar Land, I want to walk you through everything you need to know about creating a valid will in Texas.

Why Does Texas Law Matter for Your Will?

When people ask me about wills, they often want to know whether they can download a form online or use a template from another state. The issue is that every state has its own laws about what makes a will valid. What works in California might not work in Texas, and you don’t want to discover this too late.

Texas follows the Texas Estates Code, and it’s specific about what we need to see in a valid will. The good news is that Texas gives us more options than many other states. We can create formal attested wills, or we can go with handwritten holographic wills. Both are perfectly legal when done correctly.

How Can You Make Sure Your Will Holds Up in Court?

Let’s start with the basics. According to Section 251.051 of the Texas Estates Code, your will needs to meet certain requirements to be valid.

First, you need to have what we call “testamentary capacity.” This means you need to be of sound mind when you create your will. You don’t have to be a genius, but you need to understand what property you own, who your family members are, and what it means to make a will.

Important Update on Age Requirements: You also need to be at least 18 years old. The exception for marriage has changed. A person under 18 years of age may get married (and thus make a will) only if they have been granted by this state or another state a court order removing the disabilities of minority of the person for general purposes. The military exception remains. If you’re a member of the armed forces of the United States or of an auxiliary of the armed forces of the United States or of the United States Maritime Service, you can make a valid will even if under 18.

For a formal will, you need to sign it yourself, and you need at least two witnesses who are 14 years or older to watch you sign it. Then those witnesses need to sign the will too, in your presence. I know it sounds like many steps, but there’s a reason for each one.

Can You Really Just Write Your Own Will?

This is where Texas gets interesting. Yes, you absolutely can write your own will by hand. These are called holographic wills, and Section 251.052 of the Texas Estates Code says they don’t need any witnesses at all.

Requirements for a holographic will

• The entire will must be written wholly in your own handwriting.
• You cannot type any part of it or use a pre-printed form.
• Every single word must be in your handwriting.
• You must sign it.
• While not required, I recommend including a date to avoid confusion if multiple versions appear.

The downside is that holographic wills are more likely to be challenged in court. Your family will need at least two people who can testify that they recognize your handwriting, which can be complicated if your handwriting has changed.

How Can You Make Probate Easier for Your Family?

Something that can save your family hassle down the road is Texas’s allowance for “self-proving” wills. This means you and your witnesses sign a special affidavit in front of a notary public, swearing that you followed all the legal requirements when you signed your will.

Why does this matter? When someone dies and their family needs to probate the will, the court normally requires the witnesses to testify that they saw the person sign the will. But if you have a self-proving affidavit, the court accepts it as proof without requiring the witnesses to appear. This is especially helpful if your witnesses have moved away, become ill, or passed away themselves.

The self-proving affidavit is a separate document from your will, and it needs to be notarized. It’s a simple step that can save your family time and money when they’re grieving and dealing with your estate.

What Happens If You Die Without a Will in Texas?

This is where things get complicated, and where I see families run into problems they never expected. If you die without a valid will in Texas, the state’s intestacy laws take over. These laws decide who gets your property, and it might not match what you would have wanted.

How Property Is Divided Under Texas Intestacy Laws

Texas doesn’t use a one-size-fits-all formula. Who inherits depends on whether you leave behind a spouse, children, or other relatives.

Surviving spouse and children. Generally inherit all probate assets, but the split can be complex:

• Spouse receives one-third of separate personal property and a life estate in one-third of separate real property.
• Children receive the remainder.
• In blended families, a surviving spouse may receive as little as half of community property and one-third of separate property.

No children or grandchildren. Property may pass to the surviving spouse, parents, siblings, nieces, nephews, or other heirs, depending on the situation.

Who Gets Left Out

Intestacy laws don’t recognize many important relationships in your life:

• A best friend who has been like family
• Charities or causes you’ve supported
• Stepchildren you raised but never legally adopted

Without a will, these people and organizations may receive nothing.

How Do You Choose the Right Executor for Your Estate?

Your executor is the person who will handle your estate after you pass away. They’ll collect your assets, pay your debts, and distribute your property according to your will. It’s a big responsibility, so choose wisely.

Most people choose a spouse, adult child, or close family member as their executor. But you can also choose a friend, or even name a professional like an attorney or bank as your executor. The most important thing is that you choose someone who is organized, trustworthy, and able to handle the responsibility.

I always recommend naming an alternate executor too, just in case your first choice can’t serve when the time comes. And make sure you talk to the people you’re considering – being an executor is a significant commitment, and you want to make sure they’re willing to take it on.

What Important Things Should You Include in Your Will?

Your will should clearly identify who you are and state that this is your will. It should revoke any previous wills you’ve made. Then you can get into the specifics of who gets what.

You can leave specific items to specific people, your grandmother’s wedding ring to your daughter, your classic car to your son, your book collection to your local library. These are called specific bequests.

You can also leave amounts of money to people or organizations. And then you’ll want to name who gets the rest of your estate, what we call the residuary beneficiary.

Don’t forget about your digital assets. Your social media accounts, digital photos, cryptocurrency, and other online accounts are all part of your estate. Make sure your executor knows about these assets and has the information they need to access them.

Should You Put Funeral Instructions in Your Will?

While you can include funeral instructions in your will, I don’t usually recommend it as the only place you document your wishes. The reason is that your will might not be read until after your funeral has already taken place.

Instead, I suggest putting your funeral wishes in a separate letter that your family knows about and can access immediately. You can also discuss your wishes with your family members ahead of time. If you do include funeral instructions in your will, make sure your family knows about them and has access to your will right away.

Can You Leave Someone Out of Your Will?

In Texas, you generally have the right to leave your property to whoever you want, which means you can choose not to leave anything to certain family members. However, there are some limitations.

You cannot completely disinherit a surviving spouse. Texas is a community property state, which means your spouse owns half of most property acquired during your marriage. You can only give away your half through your will.

If you want to disinherit a child or other family member, it’s usually better to do it explicitly rather than just leaving them out. This makes it clear that you intentionally chose not to provide for them, rather than accidentally forgetting to include them.

When Should You Update Your Will?

Your will isn’t something you create once and forget about. Life changes, and your will should change with it. I recommend reviewing your will every few years, and updating it after major life events.

What kinds of events should prompt a will update? Marriage, divorce, the birth or adoption of children, the death of a beneficiary or executor, significant changes in your financial situation, or moving to a new state.

In Texas, you can update your will by creating a new one (which automatically revokes the old one), or by adding what’s called a codicil. A codicil is basically an amendment to your existing will. For simple changes, a codicil might work fine. For more substantial changes, it’s usually better to create a new will.

What Common Mistakes Should You Avoid in Texas Wills?

Over the years, I’ve seen people make the same mistakes again and again. Here are some of the most common Texas will mistakes to avoid.

• Don’t use unclear language. Phrases like “my children” can be ambiguous if you have stepchildren or adopted children. Be specific about who you mean.
• Don’t forget about jointly owned property or accounts with beneficiary designations. These pass directly to the joint owner or named beneficiary, regardless of what your will says. Make sure your beneficiary designations match your overall estate plan.
• Don’t leave your will in a safe deposit box that only you can access. Your family might not be able to get into it right away after you pass away. Instead, keep the original in a secure place that your executor knows about and can access.
• Don’t try to control your beneficiaries from beyond the grave with overly complicated conditions. Simple conditions might be enforceable, but complex ones often lead to family fights and expensive legal battles.

Why Does Having a Lawyer Make Your Will Safer?

Texas law doesn’t require you to use a lawyer to make your will. You can write a holographic will entirely by hand, or you can use witnesses to create a formal will on your own.

But what I tell people is that just because you can do something yourself doesn’t mean you should. Estate planning involves more than just writing down who gets what. There are tax implications, family dynamics to consider, and legal requirements that need to be met.

A Sugar Land estate planning attorney can help you think through issues you might not have considered. We can help you structure your estate plan to minimize taxes, avoid family conflicts, and make sure your wishes are carried out exactly as you intended.

Plus, if your will is going to be challenged, having it prepared by a lawyer gives you a better chance of defending it successfully. Courts tend to view lawyer-prepared wills as more reliable than do-it-yourself versions.

Are Wills Expensive and Are They Worth the Cost?

The cost of preparing a will varies depending on the complexity of your estate and your specific needs. A simple will for someone with straightforward wishes and a modest estate will cost less than a complex estate plan for someone with significant assets, multiple properties, or complicated family situations.

What I can tell you is that the cost of preparing a proper will is almost always less than the cost of not having one. When families have to deal with intestacy, will contests, or probate problems caused by an improperly prepared will, the legal fees can quickly add up to much more than it would have cost to do it right in the first place.

Think of it as insurance for your family. You’re paying a relatively small amount now to potentially save them thousands of dollars and months of stress later.

Keep These Key Things in Mind About Your Will

Creating a valid will in Texas doesn’t have to be complicated, but it does need to be done right. Here’s what you need to remember:

• Texas gives you options. You can create a formal attested will with witnesses, or a holographic will written entirely in your own handwriting. Both are valid when done correctly.
• The requirements matter. Make sure you meet all the legal requirements for whichever type of will you choose. For formal wills, you need proper witnesses. For holographic wills, every word must be in your handwriting.
• Think beyond just who gets what. Consider who will serve as your executor, whether you want to make your will self-proving, and how to handle digital assets and other modern considerations.
• Update your will when life changes. Marriage, divorce, children, and other major life events should prompt a review of your estate plan.
• Consider getting help. While you can create a will on your own, working with an attorney can help ensure your will accomplishes your goals and stands up in court if challenged.

Frequently Asked Questions

Q. Can I make changes to my will after I sign it?

A. Yes, you can change your will at any time while you’re alive and of sound mind. You can do this by creating a new will (which automatically revokes the old one) or by adding a codicil. Just make sure any changes follow the same legal requirements as the original will.

Q. What happens if I move to another state after making my will in Texas?

A. Generally, a will that’s valid in Texas will be recognized in other states. However, different states have different laws, so it’s a good idea to have your will reviewed by an attorney in your new state to make sure it still accomplishes your goals.

Q. Can my family contest my will?

A. Yes, wills can be contested, but the person challenging the will has to have legal grounds. Common reasons for will contests include claims that you lacked testamentary capacity when you made the will, that you were under undue influence, or that the will wasn’t properly executed.

Q. Do I need to have my will notarized?

A. For a basic will, notarization isn’t required. However, if you want to make your will self-proving (which I recommend), you’ll need to have a notarized affidavit signed by you and your witnesses.

Q. What happens to my debts when I die?

A. Your debts don’t just disappear when you pass away. They become obligations of your estate. Your executor will need to pay your debts from your estate assets before distributing property to your beneficiaries. If your estate doesn’t have enough assets to pay all your debts, your beneficiaries won’t be personally responsible for them.

Q. Can I include my pets in my will?

A. You can’t leave property directly to pets since they can’t own property under the law. However, you can leave money to a person with instructions to care for your pets, or you can set up a pet trust. Texas law allows trusts for pet care that can last for the life of your pets.

Let’s Make Sure Your Wishes Are Followed

Don’t let another day go by wondering whether your family will be protected. Creating a proper will is one of the most important gifts you can give to the people you love. It provides them with clarity, saves them money, and spares them from having to guess what you would have wanted.

At Brewster Law Firm, we understand that every family is different. We take the time to listen to your concerns, understand your goals, and create an estate plan that fits your specific situation. We’ll walk you through every step of the process and make sure you understand exactly what your will does and doesn’t do.

Your family deserves the peace of mind that comes with knowing your wishes will be carried out exactly as you intended. Let’s work together to make sure that happens. Reach out to us today to schedule a free consultation and take the first step toward protecting your family’s future.