To make a valid will in Texas you must be of sound mind and, at the time the will is made the person making the will: See In The Estate of Bedell to see one Texas case where the credibility of the witnesses was an issue.Ī beneficiary of the will should also not serve as one of the required witnesses under Texas law, as we have written about here. For example, if someone wants to contest the validity of the will based upon the failure to comply with the witness requirements, the witnesses would have to testify about the circumstances of the will execution so that the court could determine if the presence requirements were met. The credibility of the witnesses is an issue for determination by the probate judge if the validity of the will is challenged. who sign their names to the will in their own handwriting and in the testator’s presence.In order to be a valid Texas will, the will (unless it is a holographic will) must be witnessed by: Witness Requirement For A Valid Texas Will If another person signs on behalf of the testator, the person must sign in the testator’s presence and under the testator’s direction. The will can be signed by the testator, or by another person on behalf of the testator. Texas law also requires that a will must be signed.
#Does a will have to be notarized in texas code
This rule can be found in Texas Estates Code Sec. Holographic wills are valid in Texas and are not required to be attested by subscribing witnesses. Handwritten wills are called holographic wills. This requirement is usually very easily met, as most wills are computer-generated.Ī will can also be written entirely in the testator’s handwriting. A Texas Will Must Be In WritingĪ will under Texas law is required to be in writing. The requirements for a valid Texas Will are found in Texas Estates Code 251.051. Attested by two 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.Signed by: a) The testator in person or b) Another person on behalf of the testator i) in the testator’s presence and ii) under the testator’s direction and.The requirements to make a will that is valid under Texas law are that the will must be:
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