Updated March 16, 2023
A Texas last will and testament is a legal document that outlines the final directives of a testator (person to whom the will belongs) as to the distribution of their estate among beneficiaries upon death. A will provides the testator with the ability to choose who inherits certain portions of their estate, such as real and personal property, fiduciary assets, insurance policies, other financial accounts, and other assets or property. A testator’s beneficiaries are usually spouses, children, friends, blood relatives, and charitable organizations. However, the testator can select any individual or entity as a beneficiary of their estate through the will.
Under Texas law, will documents require two (2) witnesses to be present at the time of execution and signing; both witnesses will also sign the will to affirm their acknowledgment of the testator’s signature. And though optional, a testator can have the document notarized to add an extra layer of legal protection. Wills may be amended or revoked at any time by the testator, as long as the testator is of sound mind to do so.
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Laws
Signing Requirements
Must be attested by the Testator and by Two (2) or more credible Witnesses who are at least 14 years of age and who subscribe their names to the will in their own handwriting in the Testator’s presence. (Sec. 251.051)
State Definition
“Will” includes a codicil and a testamentary instrument that merely: (a) appoints an executor or guardian; (b) directs how property may not be disposed of; or (c) revokes another will.
Related Forms
Download: Adobe PDF
Durable (Financial) Power of Attorney
Download: Adobe PDF