What Is a Last Will and Testament?
Texas defines a will as “a codicil; an (2) 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.” (§ 22.034)
Requirements
To execute a valid will, individuals must:
- The person making the will must be of sound mind and at least eighteen (18) years of age. (§ 251.001)
- The will must be signed in the presence of two credible witnesses. (§ 251.051)
- The will must be in writing. (§ 251.051)
Filing
Texas does not require residents to file wills during their lifetime. Certain probate courts provide an option to deposit wills for safekeeping.
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