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Every state has statutory requirements dictating what makes a Will valid. Texas is no different. For a Will to be valid in Texas, the person making the Will (the testator) must have legal capacity, testamentary capacity, and testamentary intent. Additionally, the testator must follow specific formalities.

In order to make a valid handwritten will in Texas, the entire document must be in your own handwriting. No one can write any part of it except for you, and no part of it can be typed. You can write in cursive or print, but the entire will must be in your handwriting only.

In Texas, a married couple can agree in writing that all or part of their community property will go to the surviving spouse when one person dies. This is called a right of survivorship agreement. The right of survivorship agreement must be filed with the county court records where the couple lives.

The state of Texas does not require a will to be notarized to be considered legal. However, if the testator wishes to self-prove their will at any time, they must include a self-proving affidavit. The self-proving affidavit must be signed by the testator and two witnesses in the presence of a notary.

No — in Texas, you don't need to notarize your will to make it valid. However, a notary is required if you want to make your will self-proving. When a will is self-proving, the court can accept your will without needing to contact your witnesses to prove its validity.

The surviving spouse automatically receives all community property. Separate personal property also goes completely to the surviving spouse, while separate real property is split down the middle between the surviving spouse and the deceased's parents, siblings or siblings' descendants, in that order.

In Texas, marriage does not invalidate a valid preexisting Will. If you make a Will before you get married, and would like your new spouse to be your beneficiary, it is important that you update your Will. Please note that spouses in Texas are afforded certain constitutional rights.

Generally speaking, for a married couple who have children, we would recommend they create mirror Wills with a testamentary trust, as well as ensuring that any property is owned as Tenants in Common with relevant Trust or Trusts in place.

NOTARIZED. A notarial Will, as the name suggests, must be notarized. Every Will must be acknowledged before a notary public by the testator and the witnesses (Civil Code, Art.