Free Texas Last Will and Testament



What is a Last Will and Testament?

A Texas Last Will and Testament, if drafted and signed properly by someone who is an adult of sound mind, is a formal document that determines exactly how your property or real estate will be used and inherited following your passing away. The individual who passes away is formally referred to as the decedent. The testator can also nominate a guardian for their minors in the will to ensure there is somebody who can look after the children till they grow to be adults or until they get to a particular age.

In a Texas Last Will, the decedent usually also establishes a personal representative-or co-personal agents (two or more persons acting together in this capacity) to deal with the estate. A personal agent is an individual who gathers all the information in relation to the decedent’s debts and possessions, pays off any outstanding debts using the assets on behalf of the estate, and ensures that the decedent’s property is distributed as written in the last will, making this a position with a lot of responsibility. The personal representative chosen is commonly a person the decedent really trusts to bring to completion their last will.

In the event that somebody passes away with no valid Texas Last Will (which in most states means the document must be properly witnessed, not only signed), somebody will typically be designated by the court to become the personal representative and pay off the decedent’s outstanding debts, utilizing assets as necessary to do so. Next, the remaining assets will be shared amongst the decedent’s beneficiaries in accordance with the laws of the state the will creator resided in.

In a few states, if one spouse dies leaving behind their husband or wife, that surviving spouse will acquire most of the decedent’s assets without a Last Will stating the opposite. In other cases, the decedent might have determined a specific individual to acquire a life insurance policy, retirement account, or other asset, and this inheritor designation will determine who acquires those assets in the absence of a Last Will and Testament.

The important thing to pay attention to is that anyone who wishes to designate how their possessions will be used after their death should make and properly sign a Last Will to make sure that their wishes are recognized and executed. Without having a last will, you might be leaving it up to chance, the legislation of the state, or a lawcourt regarding the way your last matters will be settled.

Texas Last Will and Testament

Last Will and Testament is an important document required when someone wants to legally transfer ownership of the trustee after the testator’s death.

It happens that those papers are often confused with a Living Will form, which is used when someone wants to describe a medical treatment option they would prefer. For the future point, they won’t be able to decide. And the Last Wills are about funds and resources, as was stated above.

When the Last Will and Testament are made?

In the state of Texas, Last Will and Testament is not required by law, but it’s highly recommended to arrange. Regarding your wishes, all of the properties will belong to the one or ones you want, and those documents make it possible to manage the process correctly and legitimately after you pass away.

Testators from Texas have an opportunity to get an executor of their choice, who will be in charge of making sure that all your preferences for the transfer of personal property are respected in accordance with the established document.

It’s also convenient that testators can independently choose a legal guardian for children under the age of 18 and create a trust through which the property or part of it can belong for the benefit of another. In addition to testamentary trusts, Texas residents can create a “pet trust” to choose who will take care of them after the owner’s death.

When you can’t inherit properties

In Texas, the property is a separate asset acquired before or during the marriage. And if the testator tries to give up the entire amount of the general property in their Will, the living spouse can either argue and claim the half to which he/she is entitled or accept what is specified in the Last Will.

What if there’s no Last Will and Testament?

In the state of Texas, having a Will can make the process of obtaining an inheritance much easier. Since a will is a court-controlled document, the court plays the role of "independent administration,” which, with the consent of all donees, allows executors to ask the court to act as independent executors and to conclude on the estate with little supervision.

The Last Will in Texas must be proven within four years after the death of the testator. Otherwise, it won't reach the probate and fulfill the requirements of the laws of intestacy. After the Will has been proven in court, all outstanding debts and inheritance taxes are getting paid, and then the estate of the testator is distributed in accordance with the provisions mentioned in a Will.

If a person died without having time to make a will, then it is extremely difficult to track the correct distribution of his inheritance. In fact, there are many rules for distributing intestate property. But basically, property or part of it is transferred to spouses, children, and other family members by the degree of kinship, or becomes the property of the Texas state, if none has been identified.

Last Will and Testament in Texas

To create such a document, the testators should match those conditions:

  • To be 18 years of age or older, sane, and clear-headed

  • Sign the document themself or by an authorized person in the testator’s presence, according to clear instructions

  • At least two other individuals of 14 years or older need to sign the Last Will at the same time, also in the testator’s presence

  • A Last Will should be fully written by hand or holographic

  • The testator can choose the beneficiaries themself and name at least one of them

Texas probate courts accept Last Wills and Testaments in a holographic or handwritten form, provided that it has the testator’s signature and the actual handwriting.

Last Will cancellation

The Last Will in Texas may be changed at any time by the relevant addendum and revoked by its physical breakdown, official recall paper, or by another will.

Use our comprehensive website template to draw up a complete Last Will and Testament.

Last Will Forms for Neighboring States