Make a Texas Last Will and Testament

Texas State Last Will and Testament Laws

Definition of Will - Sec.22.034

Laws - Texas Estate Code

Witnesses - According to §251.051, the Will must be signed by two (2) witnesses who are at least 14 years of age.

A Sample Texas Last Will and Testament with Examples of Each Step

Step 1 - Using the template provided by FormSwift, provide your full legal name and your gender.

Step 2 - Enter your city and county of residence.

Step 3 - Provide your marital status from one of the following choices:

• Single
• Married
• Separated
• Divorced
• Widowed

Unless you are single, divorced, or widowed, enter the name of your spouse..

Step 4 -  If you have children, pets, property, or life insurance policies, provide that information here.

Step 5 - Enter your children’s names, if they are living, and whether or not they will be named as beneficiaries in your will. Then, enter the names of pets. Finally, enter information about any life insurance policies you own.

Step 6 - Enter the amount of money or percentage of your property you’d like to leave each child.

Step 7 - If you’d like to set up a trust for someone who is mentally ill or for someone with a disability, specify that here. Establishing a trust for a person with special needs or a disability, especially if they require special care, can prevent interference with their ability to receive Supplemental Security Income and Medicaid benefits.

Step 8 - First, enter the age that your children must be in order to start receiving benefits from their trust. Next, enter how much of the trust will be received. Finally, enter the age they will be when the benefits end.

Step 9 - If there is a specific funeral home you want used, provide that information during this step.

Step 10 - Would you like a specific food to be served at the meal after the funeral service? Would you like the meal to be served at a particular place? If you have that information or other specific burial arrangement information, enter it here.

Step 11 - Naming your Executor - Your Executor is a person who is charged with administering your estate once you pass away. Your Executor can be a beneficiary in your Will or your attorney. However, it is important that you name an Executor. Failure to appoint an Executor in your Will means that the Texas probate court will do so for you, and it may not be someone that you want. Provide the following information:

• Executor’s name
• Relationship to you

Also, if you’d like to provide an alternate Executor, or if there is someone you do not want to act as your Executor, provide their name and relationship to you as well.

Step 12 - Appointing a Trustee - If your assets are set up in a trust, you must appoint a person, known as a Trustee, to disperse your assets from the trust once you pass away. You may also wish to appoint an alternate Trustee. If your assets are in a trust, provide the following information for the Trustee and the alternate Trustee:

• Name of your Trustee
• Your relationship with them

Step 13 - Digital Executor - A Digital Executor is someone charged with distributing your digital assets. Digital assets can include, and are not limited to,  trademarks, copyrights, valuable photos, digital currency, etc. If you have digital assets and wish to appoint a Digital Executor, provide the following information:

• Name of your Digital Executor
• Relationship with you

Step 14 - Guardian for Your Minor Children - If you have minor children, you should complete this step to appoint a guardian as well as an alternate guardian to care for your children if you die while they are minors. You may also wish to appoint a conservator. Provide the following information for each:

• Name
• Relationship to you

Step 15 - Additional Beneficiaries - If you wish to appoint additional beneficiaries besides your children, provide the following information for each person:

• Name of Beneficiary
• Relationship to you
• Inheritance amount/percentage

Step 16 - Disinheriting a Beneficiary - If you want to disinherit a spouse, a child, or another beneficiary, provide the following information:

• Disinherited individual’s name
• Relationship to you

Step 17 - Witnesses - Provide the following information for each of the witnesses in your Will:

• Name
• Address (including city, state, zip code)
• Telephone number

When you are ready to sign your will, your two witnesses must be present. Keep in mind that Texas law requires both witnesses to be at least 14 years of age. They must sign right after you sign it. After you execute the will, keep it in a location that is both safe as well as accessible, such as with your lawyer or with a trusted family member or friend.

Why do you need a Texas last will and testament form?

Having a legal last will and testament in the State of Texas is an important step in the estate planning process. A will is a legal document that allows you to document how you want your assets distributed upon your death. Wills can include bank accounts, real property, jewelry, vehicles, or any other personal effects. A will can also include the name of the person you want to name as a guardian for your minor children. An important step in creating a will is to name an executor in it. An executor will be responsible for carrying out the wishes you have in your will. You can also create a pet trust to care for your pets as well as establish one time or on-going charitable donations as well.

The benefits of having a will

According to Texas law, there is no legal requirement for having a valid will. Yet, there are many advantages to having one.

• You can name an executor of your will. The executor is a person who will be legally responsible for carrying out the wishes that you have written in your will.
• A Texas will allows you to detail what you would like done with all of your assets including financial, physical, and digital assets.
• You can also include guardianship instructions in your will for any minors that are in your care.
• A will in Texas also allows you to create pet trusts to care for your pets.
• A will allows you to create one time or on-going charitable donations.

The costs of not having a will

Without a will in the State of Texas, intestacy laws become enacted. This means that the Texas probate courts determine how your assets are distributed and what will happen to your minor children. This may or may not line up with your desires. According to Texas intestacy laws, if there is a surviving spouse and children, the spouse would inherit any community property as well as the right to inhabit any real estate already owned plus one-third of the remainder of the estate, the rest being distributed to any surviving children. If there is only a surviving spouse and no children, the spouse would inherit the entirety of the estate. Conversely, if there are surviving children and no spouse, the children would inherit everything. If there is no spouse or children, the courts will find the next closest relative to inherit the estate. If no relative can be located, the State of Texas becomes the beneficiary and absorbs the assets from the estate.