When you decide to put your house in order, to create your last will and testament, you need to be focused. You have to not only ascertain what you have and other related assets, you also need to understand the laws of your state regarding preparing a legal last will and testament. In Texas, several laws exist governing what you can and cannot do. While you can read the particulars in the Texas Probate Code, Chapter 4 Execution and Revocation of Wills, Sections 57 through 61, the following will act as a simple guide.
Basic Requirements for Executing a Last Will and Testament
No everyone can write a will that is accepted by the Probate Court in Texas. There are basic requirements restricting who can and who cannot prepare a will. Below is a list of the basic prerequisites
* Age: The individual creating his or her will (the testator) has to be a minimum of 18 years of age. In Texas, this age constraint may be waived if the individual is serving in the Armed Forces or has been or is legally married (Section 57).
* Mental Capacity: As old wills traditionally start out, the testator has to be of sound mind. In other words, he or she must be able to understand what decisions he or she is making and any consequences real or potential. The testator must also not have been legally declared incompetent
* Signature: As testator, you either sign the will on your own or have someone do so for you in your presence and under your direction (Section 59).
* Witnesses: In general, these days, your last will and testament is not going to be handwritten. As a result, you require it to be signed by a minimum of two witnesses – both over 14 years of age and both perceived as being “credible” and “disinterested” (Section 59).
* Beneficiaries: In Texas, the law requires that you must name at least ONE beneficiary.
These are a few of the points to consider when preparing your last will and testament.
Last Will and Testament: A Few Final Points
When you pass, the will goes into probate. If, however, your relatives do not prove it in court within four years after your death, the will not enter probate. The Texas court will treated your estate as if you had died intestate. However, if it does go safely through probate, your executor will need to pay off any taxes or outstanding debts out of the estate first. When these issues have been resolved, your beneficiaries will then be allowed to receive the bequests you have made in your last will and testament.
If you live in Texas, a Last Will And Testament may be the last thing on your mind. If, however, you die intestate, you may leave your loved ones in a difficult situation. Avoid any legal entanglements or misunderstandings. You can do so by creating your own affordable will using our easy online forms. At 10 Minute Will, we can help you avoid any problems arising from your death. To learn more about our service, visit us online at . You can also connect them on Facebook for more updates.
