Texas Rules to Wills
A last will and testament is created by an individual for them to have the security of being able to properly transfer their assets and other properties to rightful entities in the event of their passing.
In the state of Texas, there are governing laws as to the creation and execution of these wills. They follow strict bylaws and probates to be able to make sure that everything is done legally and will be executed the same way.
Texas Wills has its own set of requirements to make this document legally binding. First and foremost would be the age and status of the testator; they must be at least eighteen years of age, married or is presently serving in the armed forces.
The capacity of the testator is also another requirement in which, the testator must be voluntarily creating the will. They must be of sound mind and is capable of rational thoughts and decision making. This ability is important as the will would not be legally binding should the testator be coerced in to creating it.
Two credible witnesses are required to appear before and sign the testament in the presence of the testator. They must be at least fourteen years old at the time of witnessing the creation of the will. Other entities involved and required in Texas Wills are the beneficiaries of which will be entitled to the inheritance left behind by the testator; and finally an appointed administrator to execute the instructions in the will.
Oral wills or those which are only applicable to personal property, handwritten wills which are personally written by the testator and typewritten wills which may have been created at a prepared date with or without the aide of the testator's lawyer are the three types of wills recognized and accepted in Texas.
As far as the three recognized forms of wills are concerned, there are various laws and provisions which make these legally binding. Both the handwritten and the typewritten wills should be presented in court to prove its validity within four years from the date of the testator's death. Otherwise, it will no longer be valid and the proceeds of whatever the testator has left will proceed with the rules of intestacy. Oral wills are not a common form of will to be left behind. This is why a particular number of witnesses may be required to testify to its claim and validity. Oral wills are also required to be made only in the deteriorating moments of the testator in their home with the exception of their passing prior to coming home as a result of taking them to a facility for care or sickness.
Texas Wills are not only meant for real estate and other assets. These are also meant to be used when a testator has minor children to be left behind and would need to appoint a legal guardian to provide care for them. Other purposes such as the transfer of ownership of pets and to appoint an individual to manage certain property are also accepted in these wills. - 23222
In the state of Texas, there are governing laws as to the creation and execution of these wills. They follow strict bylaws and probates to be able to make sure that everything is done legally and will be executed the same way.
Texas Wills has its own set of requirements to make this document legally binding. First and foremost would be the age and status of the testator; they must be at least eighteen years of age, married or is presently serving in the armed forces.
The capacity of the testator is also another requirement in which, the testator must be voluntarily creating the will. They must be of sound mind and is capable of rational thoughts and decision making. This ability is important as the will would not be legally binding should the testator be coerced in to creating it.
Two credible witnesses are required to appear before and sign the testament in the presence of the testator. They must be at least fourteen years old at the time of witnessing the creation of the will. Other entities involved and required in Texas Wills are the beneficiaries of which will be entitled to the inheritance left behind by the testator; and finally an appointed administrator to execute the instructions in the will.
Oral wills or those which are only applicable to personal property, handwritten wills which are personally written by the testator and typewritten wills which may have been created at a prepared date with or without the aide of the testator's lawyer are the three types of wills recognized and accepted in Texas.
As far as the three recognized forms of wills are concerned, there are various laws and provisions which make these legally binding. Both the handwritten and the typewritten wills should be presented in court to prove its validity within four years from the date of the testator's death. Otherwise, it will no longer be valid and the proceeds of whatever the testator has left will proceed with the rules of intestacy. Oral wills are not a common form of will to be left behind. This is why a particular number of witnesses may be required to testify to its claim and validity. Oral wills are also required to be made only in the deteriorating moments of the testator in their home with the exception of their passing prior to coming home as a result of taking them to a facility for care or sickness.
Texas Wills are not only meant for real estate and other assets. These are also meant to be used when a testator has minor children to be left behind and would need to appoint a legal guardian to provide care for them. Other purposes such as the transfer of ownership of pets and to appoint an individual to manage certain property are also accepted in these wills. - 23222
About the Author:
When you are starting out with Texas estate planning, it might not be the best strategy to just start filling out Texas will forms. A professional can help you out and save you from potential mistakes.
posted by X - Men @ 4:35 AM
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