Will writing service in Texas

To give you and your loved ones peace of mind and make things simpler for them after your death, it is vital to create a will, sometimes called a last will and testament, which lays out your wishes for the distribution of your assets.

Key components of a valid Texas will

The key components of a valid Texas will are the following:

1.   You need to be at least 18 years old
2.   You must be able to comprehend the will-making procedure and be of sound mind
3.   You must not be influenced or pressured into writing the will
4.   The will should be printed, typed, or written by the testator in their hand
5.   The testator must sign the will in the presence of two witnesses.
6.   The signatures of two witnesses

What are the requirements for a will to be valid in Texas?

There are various regulations and prerequisites in Texas that must be followed to ensure the legality and authenticity of a will. To create a will in Texas, it is necessary to adhere to the following requirements:

1.   Your will must be in written form. Where the will is handwritten, which is also called a holographic, it must be completely written in the testator’s own handwriting.
2.   You must be a minimum of 18 years old. The minimum age requirement for drafting a will in Texas is 18 years. Individuals who are under the age of 18 are strictly prohibited from creating a will. This clause does not apply to those who are married or serving in the military.
3. You must have testamentary capacity, which encompasses a sound mind and memory. The assessment of mental capacity is determined by evaluating the testator’s comprehension of the will-making process, the consequences of their actions, the scope of their assets, and the impact of including or excluding certain persons from their will. The presence of significant evidence indicating a lack of testamentary capacity to create a legal will might render the will void.
4.   You must exercise your independence and freely draft your will
5.   You must affix your signature to your will in the presence of at least two disinterested witnesses. Disinterested witnesses are those that do not stand to gain from the will.
6.   At least two witnesses must witness the execution by the testator and must, after that, affix their signatures to the will as well. Two at least fourteen-year-old witnesses, who are credible and disinterested parties are required to sign the will. These witnesses must additionally have observed the testator’s signature on the original will.

Can you make a will in Texas without a lawyer?

Yes, you can make a will in Texas without a lawyer. Some individuals opt to draft their last will without seeking legal counsel, utilizing the do-it-yourself (DIY) option. Although it is not mandatory to hire a lawyer to create your will, engaging in DIY wills has significant risks. A lawyer can assist you in navigating the legal obligations to ensure that your will is valid and executed according to your desires at your demise. Contact LegalPen for assistance in drafting your Texas will.

Can I file a will without an attorney in Texas?

Yes, you can file a will without an attorney in Texas. Filing a will without an attorney is generally not advised, and several Texas counties prohibit the probate of a will without the involvement of a lawyer. Individuals who conduct probate without an attorney are considered to be engaging in the unauthorized practice of law, which is forbidden and subject to Texas Government Code Section 81.101 and Section 81.102 of the Texas Government Code.

Under the Texas Government Code Section 81.101, we find the definition of what constitutes practice of law “the preparation of a pleading or other document incident to an action or special proceeding or the management of the action or proceeding on behalf of a client before a judge in court as well as a service rendered out of court, including the giving of advice or the rendering of any service requiring the use of legal skill or knowledge, such as preparing a will, contract, or other instrument, the legal effect of which under the facts and conclusions involved must be carefully determined.”

On the other hand, Section 81.102 of the Texas Government Code specifies that with very few exceptions, no one may practice law in Texas unless they are members of the Texas Bar in good standing, and none of the exemptions applies to those seeking to probate a will without a lawyer. Appearing before a probate court and preparing various documents are both necessary steps in the probate process. Preparing this paperwork or appearing in probate court on a client’s behalf is considered the practice of law in Texas legal terms.

Where one is seeking solutions that do not entail the complete administrative procedure, such as a muniment of title or an out-of-court affidavit, it is optional to engage the services of an attorney. Even in the absence of restrictions prohibiting the probate of a will, it is nevertheless recommended to hire a skilled probate attorney to guarantee compliance with all relevant rules and legal obligations. An executor might face a breach of fiduciary duty litigation if they fail to follow the Texas Estates Code’s regulations and obligations. 

Do you have to file a will with the court in Texas? 

No, you do not need to file a will with the court in Texas. Not all wills in Texas are required to go through probate. Still, in the event of the decedent’s demise and the presence of a will, the only way to enforce its instructions is by going through the probate process.

Is a last will and testament public record in Texas?

Yes, a last will is a public record in Texas. Once a will is accepted by the probate court, Texas law considers it to be a public document. Consequently, anyone from the general public can get and see the will by personally visiting the county clerk’s office in the specific county where the will underwent probate. In addition, anyone has the option to formally inquire about seeing the probate file and acquiring a duplicate of the will, often by paying a small charge. Still, wills that have not been probated are not publicly accessible.

Do you need a last will and testament in Texas?

No, you do not need a last will and testament in Texas. While a last will and testament is not legally obligatory, the absence of a will in Texas will result in the state’s rules dictating the allocation of an estate’s assets under intestacy laws, and the allocation of the estate under intestacy laws may not align with the desires of the deceased individual.

Benefits of using a professional will writing service

Several advantages of utilizing professional will writing services include:

1.   Adherence to the laws pertaining to wills in your state
2.   Ability to personalize your will
3.   Preventing typical errors
4.   Concise wording that negates ambiguity
5.   Expertise in estate planning intricacies
6.   Adaptability to amendments and revisions
7.   Conflict avoidance by drafting a proper will
8.   Effective tax and other financial planning management
9.   Tranquillity through assurance that your will shall be properly drafted
10. Recourse for malpractice where the attorney was incompetent
11. Future proofs your will: an assurance that the will shall be held valid and executed according to your wishes

What is the costs associated with will writing services

The typical cost of a will in Texas ranges from $4,500 to $10,000. Several factors can affect the price for the creation of a will when determining what is the cost of writing a will. Certain lawyers provide a fixed rate for drafting a will, but others charge an hourly rate. The attorney’s expertise, the intricacy of the estate, the duration required for drafting the will, and any additional services provided by the attorney dictate the costs of the will.

Executor selection and responsibilities

Like in most others, a close relative of the decedent serves as executor. An individual can serve as executor if they are at least 18 years old, of sound mind, and do not have a criminal record. Non-resident executors are eligible to serve as executors in Texas. However, they are required to designate a Texas resident to receive legal documents on behalf of the estate.

An executor is the individual entrusted with the task of identifying and gathering all of the decedent’s assets. The executor’s duties must be carried out in conformity with the terms of the will and the laws of each state governing probate. In addition, the executor must carry out their responsibilities with honesty and diligence. They ensure the settlement of all outstanding bills and taxes and thereafter allocate the remaining assets and funds to the designated beneficiaries. Executors have access to a lawyer, and they may additionally have access to an accountant in certain situations if they feel they require assistance with their fiduciary responsibilities.

Additional instances of the responsibilities of an executor include:

1.   Acquiring a death certificate
2.   Commencing the probate procedure
3.   Submitting documentation before a probate court
4.   Initiating communication with the beneficiaries

Protecting your wife and children in your Texas will

The only part of common property that a will can affect is an individual’s 50% share. A will cannot control the distribution of the other half; the surviving spouse lawfully owns it. All debts and assets, real and personal, acquired by a married couple in the course of their marriage are considered community property in Texas. Couples own common property jointly. Comprehending this common property notion is crucial when drafting a will, as it guarantees the appropriate acknowledgment of inheritance entitlements for your spouse and children.

In order to ensure the security and preservation of your spouse’s entitlement to inherit, you can take the following measures:

1.   Ensure that your will contains explicit provisions for the allocation of communal assets
2.   Create a revocable trust for the purpose of managing assets.
3.   Seek the guidance of an estate planning attorney to ensure that your last will and testament is in accordance with your specific requirements and the laws of Texas.

How does probate process work in Texas

While the process of probate may vary for each estate, the following are the fundamental steps required in initiating probate in Texas:

1.   Initiate the process of granting probate through a petition
2.   Participate in a legal proceeding in the probate court
3.   Where necessary, provide evidence that the will is genuine
4.   Determine and assess the assets of the deceased individual
5.   Inform creditors and beneficiaries
6.   Settle the outstanding liabilities of the deceased individual
7.   Complete the final tax returns
8.   Disperse the leftover assets to the beneficiaries

What is the difference between probate in California and Texas

The major difference between probate in California and Texas is that Texas has a simplified probate procedure known as independent administration, where the executor operates without any oversight from the court. In contrast, in California, an estate executor is required to operate under the oversight of the court and must seek court authorization at each stage of the probate process.

Administering an estate under an independent executor is straightforward and expeditious with little attorney involvement, and a fair charge by an attorney is all that’s needed to comply with Texas law. Where the deceased individual passed away with a legally valid will that designates a specific person or corporation to act as an independent executor, then an independent administration can be established. Incorporating this into the will eliminates all but the following court procedures:

1. Submitting a probate application
2. Serving notice
3. Attending a brief hearing
4. Submitting proof and an oath
5. Creating an inventory

On the other hand, in California, attorneys participate more, and legal representation in a probate case can cost a pretty penny due to California’s rules that establish attorney fees as a percentage of the estate. This is because the estate executor must obtain court approval at each probate stage. Will writing in California often involves these complexities, making it essential to seek proper legal guidance.

How do you modify or revoke your Texas will

Will revocation can happen in Texas through:

1.    Written Revocation

You can instruct the revocation of an existing will or only a part of it by a written revocation. Nevertheless, if the later document does not explicitly cancel the previous will or codicil, it does not automatically invalidate the whole document. Instead, it acts as a partial or implicit cancellation to the degree that it contradicts the previous will or codicil. This implies that the two wills, or codicils, are examined in conjunction with your later drafted will or codicil, taking precedence in cases where there are discrepancies between the two wills.

2.    Revocation through a physical act

Your will can be revoked by performing a physical act that expresses your desire to do so. You have the option to rip it, incinerate it, vandalize it, or annihilate it. Another individual might perform the task on your behalf, given that you instruct them to do so and are physically present. Revocation by physical acts does not result in partial revocation.

3.    Revocation through the operation of the law

Any bequests or clauses in your will that were intended to benefit your ex-spouse whom you divorced will be null and void. Your will is interpreted as though your ex-spouse had passed away before you. You must understand, nevertheless, that getting married or having a child after your will is executed does not make any of its provisions null and void. Where your new spouse and kid aren’t named in your will, the law does provide them with certain limited safeguards.

4.    Revocation through presumption

The presumption arises when a court determines that your will is absent or misplaced and it was last known to be in your custody. This fact gives rise to the inference that you deliberately damaged it in order to revoke it. The assumption might be challenged by providing the court with information that proves a different explanation for the absence or loss of your will.

It is as crucial to familiarize oneself with the process of revoking wills in Texas as it is to understand how to write a will in Texas. By revoking your will, you are effectively nullifying or abolishing your intended course of action on asset distribution. Consequently, in the absence of a designated plan for the distribution of your belongings upon your demise, Texas law dictates the allocation of your assets through intestacy laws. Prior to revoking a will, it is advisable to have a suitable substitute prepared.

Digital and electronic wills in Texas

A more contemporary substitute for traditional wills is the digital will, additionally known as an e-will. Currently, Texas does not allow the use of digital or electronic wills. A digital or electronic will is a testament that is created, executed, and stored in an electronic format, removing the necessity for tangible paperwork. Usually, it entails the utilization of digital signatures from the person making the will and the individuals who witness it.

The legitimacy and enforceability of digital and electronic wills are the main points of contention in the legal community. There are significant concerns over the legitimacy and possibility of fraud, especially because certain states do not acknowledge these connected types of wills, while others do, but only in specified situations.

Legal recognition of electronic wills has been granted in the following territories as of January 2024: Arizona, Florida, Illinois, Indiana, Maryland, Nevada, Ohio, Virginia, Idaho, Minnesota, Colorado, North Dakota, Washington, Utah, Washington, D.C. and U.S. Virgin Islands. States that acknowledge digital wills usually impose strict criteria for digital signatures, witnessing, and safe storage because of the increased susceptibility of digital documents to tampering.

Estate and inheritance taxes in Texas

The state of Texas does not charge estate or inheritance taxes, and inhabitants of the state are immune from incurring these types of levies. LegalPen offers legal assistance on the topic, especially on the Do-it-yourself (DIY) wills: what you should know.

On the other hand, when it comes to estate planning, you should take into consideration the criteria for the federal estate tax exemption. It is anticipated that the estate tax exemption amount, which is presently $13.61 million per individual and combined at $27.2 million for married couples, will lower at the end of 2025 and return to the levels that existed before the Tax Cuts and Jobs Act (TCJA), which is predicted to be effectively reduced by 50%.

Legal assistance and DIY options for creating a Texas will

Making a DIY will is something you can do in Texas. You may employ the use of online tools such as LegalPen that guide you on how to write a will without a lawyer in Texas. It is, however, advisable to get an attorney if your estate planning objectives are intricate, if you want assistance in creating a self-proving will, or if you need help handling legal matters pertaining to your estate.