Texas Rules to Wills
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.
To ensure validity of claims and other factors relevant to a will, there are laws and guidelines which must be met to guarantee the legitimacy of Texas Wills as mandated by the Texas government.
The author of the will or the testator must be at least eighteen years of age from the date of the creation of the will. They must be married or are serving active duty in the armed forces. This is the most important requirement for a will to be legally binding in Texas.
Another requirement would be the testator’s state of mind during the creation of the will. Their capacity to rationally make decisions and practice reason with their own free will is what makes the testator credible. No claims can be made should the testator be forced to create the will.
Two credible witnesses are required to appear before and sign the testament in the presence of the testator. They must be at least fourteen years old at the time of witnessing the creation of the will. Other entities involved and required in Texas Wills are the beneficiaries of which will be entitled to the inheritance left behind by the testator; and finally an appointed administrator to execute the instructions in the will.
Oral wills or those which are only applicable to personal property, handwritten wills which are personally written by the testator and typewritten wills which may have been created at a prepared date with or without the aide of the testator’s lawyer are the three types of wills recognized and accepted in Texas.
In regard to the three accepted wills, there are corresponding requirements and provisions to be met for these to become legally binding. The handwritten and typewritten wills must be presented to the court within a four year timeframe from the date of the testator’s demise for it to be proven valid. Oral wills on the other hand are only binding when it has been made by the testator in his death bed ? unless the testator had to be transferred to a facility as a result of sickness and have died before being able to go home. For this kind of will, it is most likely that a specific number of witnesses be required to give validity to the claim.
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.
When you are starting out with a Texas last will and testament, it might not be the best strategy to write a will on your own. A professional can help you out and save you from potential mistakes.
