Creating a will is a vital part of the estate planning process and helps ensure your wishes are honored. While estate planning can be an uncomfortable subject, the peace of mind that comes from knowing your affairs are in order is invaluable.
If you're ready to take the next step, reach out to a knowledgeable Killeen estate planning attorney.
What Is Your Estate?
Your estate includes all your assets at the time of your passing. Whether your estate is modest or extensive, you’ve worked hard to provide for your loved ones, and your will can help you continue to do so. Texas has complex inheritance laws, which makes working with an experienced estate planning lawyer especially important.
Is a Will Always Necessary?
Yes. A will ensures that your wishes are clearly outlined and legally recognized. Even if other estate planning tools are in place, a will adds a crucial layer of protection—especially if any aspect of your estate is later contested. To learn more about your options, speak with a Killeen estate planning lawyer today.
What Can You Include in a Will?
Your will can specify exactly how your assets should be distributed, name an executor, and assign guardianship for minor children. Understanding these functions will help you make informed decisions.
What Makes a Will Valid in Texas?
Texas law has several requirements for a valid will:
You must be at least 18 years old.
You must be of sound mind, which means you understand the implications and process of creating a will.
You must create the will voluntarily and without undue influence or duress.
The will must be typed or printed on paper, signed by you in the presence of two disinterested witnesses, and signed by both witnesses.
Texas also allows holographic (handwritten) wills without witness signatures, but they must be entirely in your handwriting and free from any added text.
Your skilled Killeen estate attorney is well-versed in will requirements and will ensure that your will is valid and stands up in court.
Who Can Witness a Will?
Witnesses must meet these criteria:
Be at least 14 years old
Be credible and not a beneficiary
Be present when the testator signs the will
While notarization is not required, it is recommended.
What Is a Self-Proving Affidavit?
A self-proving affidavit streamlines the probate process by eliminating the need for witness testimony in court. It’s a sworn statement signed by the testator and witnesses in front of a notary that affirms the will’s validity.
Your self-proving affidavit shows that you were of sound mind when you signed the document and that you didn’t do so under duress or as a result of anyone else’s undue influence. Consult with a knowledgeable Killeen estate planning attorney if you would like to create a self-proving affidavit for your will.
How Can I Safeguard My Will?
After creating your will, take these steps to protect it:
Store the original in a secure location
Inform a trusted person where it is kept
Keep duplicate copies
Notify your named executor and any assigned guardians of its location
Without a valid will, your estate will be distributed according to Texas intestacy laws, which may not align with your wishes.
Why Is Naming an Executor Important?
One of the biggest benefits of a will is naming someone you trust to serve as executor. This individual will carry out the terms of your will and guide the estate through probate. If you don’t name an executor, the court will appoint an administrator for you, which could delay the process and lead to decisions you wouldn’t have made.
Protect your wishes and your loved ones by working closely with a Killeen estate planning attorney.
What Happens If the Court Assigns an Executor?
If your will is silent on naming an executor or your chosen executor is unable or unwilling to serve, the court will appoint an administrator instead. This person will fulfill the same duties but may not be someone you would have selected.
What Is the Probate Process in Texas?
Even with a named executor, probate is required. Here are the steps in the probate process:
Application to Probate Will – The executor files an application with the probate court.
Public Notice – The court issues a notice and schedules a hearing after a brief waiting period.
Court Hearing and Oath – The court confirms the will’s validity, and the executor takes an oath. In some cases, the court may also require the executor to post a bond, which serves as a financial guarantee that the executor will perform his or her duties faithfully.
Letters Testamentary – The executor receives documents giving him or her legal authority to act on behalf of the estate.
A Killeen probate attorney will guide executors through the probate process to make sure that everything moves forward smoothly and according to testators’ wishes.
What Are the Executor’s Responsibilities?
Your executor has a range of responsibilities, including:
Filing your final tax return
Paying any outstanding debts and taxes
Identifying and notifying creditors of your passing
Distributing your assets according to your wishes
If the executor is not a Texas resident, he or she must name a Texas-based agent to receive legal documents on the estate’s behalf.
How Do Wills Handle Community Property in Texas?
If you’re married, assets acquired during the marriage are considered community property and are jointly owned. Your will can only control your half of the marital estate, which makes consulting with a knowledgeable estate planning lawyer even more important.
How Can I Modify or Revoke a Will?
You can modify the will you have created by attaching a codicil, which is a formal legal document. For your codicil to be upheld by the court, you must sign it in the presence of two disinterested witnesses.
It’s important to note, however, that modifying your will in this way adds another layer of complication that could interfere with your intentions. At this point, you have more than one legal document in force, which sets the stage for potential confusion and leaves your will more vulnerable to being contested.
It's generally considered a better approach to revoke – or annul – your existing will by creating a new legally binding will that clearly cancels the older document. Other options include creating a written revocation declaration or physically destroying the original version of your earlier will. Any of these will suffice to revoke a previous will as long as the action occurs prior to your death and as long as there is no agreement in place that precludes the specific form of revocation you have employed.
Your Killeen estate planning attorney will help you make needed changes to your estate plan and ensure that all of your documents are up-to-date and valid.
Are Electronic Wills Allowed in Texas?
Texas does not currently recognize electronic wills. A valid will must be handwritten, typed, or printed and signed by hand. This rule is in place to reduce the risk of fraud.
What Are the Different Types of Probate in Texas?
Probate is the court-supervised process of administering an estate, including the distribution of assets to the testator’s heirs. In Texas, the will must be filed for probate within four years of the testator’s death.
Texas has two main types of probate:
Independent Administration: Requires minimal court oversight; typically available when the will permits it or all heirs agree.
Court-Supervised Administration: Required if the will does not allow for independent administration or disputes arise.
Independent administration tends to be faster and less expensive.
Speak with a Killeen Estate Planning Attorney Today
Wills are a crucial tool for protecting your legacy and your loved ones. Brett Pritchard at the Law Office of Brett H. Pritchard is a seasoned Killeen estate planning attorney who is here to guide you every step of the way.
Contact us online or call (254) 781-4222 to schedule your FREE consultation. Let us help you build peace of mind for the future.