Drafting a Will in Texas
Wills
A will is a legal declaration or document that states an individual’s final wishes upon his or her death. Often referred to as a “last will and testament,” a will provides directions for what should happen to their property after they die. In Texas, upon the death of the individual, an application for probate is made in a Texas Court having probate jurisdiction. The role of the Court is to recognize the individual’s death and authorize the administration of the individual’s probate estate.
Wills have been around forever. They are most commonly used to provide for the orderly distribution of property upon the death of an individual, but can also be used to name guardians for children and property, to set up testamentary trusts that allow their assets to avoid probate, to provide for pets (sounds silly, but it’s very common), and even to direct how debts, such as taxes will be paid. To create a valid will, an individual must be of sound mind (i.e. have the mental capacity to form the document) regarding the property you have and what your will does, must name beneficiaries of at least some of the property, must be signed and must be attested to by witnesses. Some states even admit handwritten or holographic wills, which do not need to be signed or witnesses.
Having a valid in place is a simple, yet prudent way to protect your property and the interests of your beneficiaries in case of your untimely or unexpected death. Sometimes, however, your property or financial picture might be too complex to address entirely in a simple will, which is why people explore other estate planning options such as trusts, testamentary trusts, powers of attorney, medical directives, inter vivos gifts and non-probate assets instead of or in addition to a valid will. It is important to seek the advice of experienced estate planning attorneys to learn about all of your options and to decide which options are best for your situation.
A will is a legal declaration or document that states an individual’s final wishes upon his or her death. Often referred to as a “last will and testament,” a will provides directions for what should happen to their property after they die. In Texas, upon the death of the individual, an application for probate is made in a Texas Court having probate jurisdiction. The role of the Court is to recognize the individual’s death and authorize the administration of the individual’s probate estate.
Wills have been around forever. They are most commonly used to provide for the orderly distribution of property upon the death of an individual, but can also be used to name guardians for children and property, to set up testamentary trusts that allow their assets to avoid probate, to provide for pets (sounds silly, but it’s very common), and even to direct how debts, such as taxes will be paid. To create a valid will, an individual must be of sound mind (i.e. have the mental capacity to form the document) regarding the property you have and what your will does, must name beneficiaries of at least some of the property, must be signed and must be attested to by witnesses. Some states even admit handwritten or holographic wills, which do not need to be signed or witnesses.
Having a valid in place is a simple, yet prudent way to protect your property and the interests of your beneficiaries in case of your untimely or unexpected death. Sometimes, however, your property or financial picture might be too complex to address entirely in a simple will, which is why people explore other estate planning options such as trusts, testamentary trusts, powers of attorney, medical directives, inter vivos gifts and non-probate assets instead of or in addition to a valid will. It is important to seek the advice of experienced estate planning attorneys to learn about all of your options and to decide which options are best for your situation.
