Making a Texas last will and testament may seem like a complicated task just for people with large estates. However, we all have some property and assets that would be distributed among our families once we pass away. With a last will, you can decide who gets what. You can choose who'd oversee the estate distribution or who would be your kid's guardian. All these things would significantly affect your family's life after you pass away.

Planning what would happen to your estate would make the entire process easier for your loved ones. You should make an online will now and begin your estate planning process.

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Table of contents

‍1. Requirements for a Texas Last Will and Testament  

2. Holographic wills in Texas‍‍

3. Who can be your witnesses?

‍4. Texas rules for a personal representative

5. Texas Last Will and Testament Notarization

6. Last Will Revocation rules

7. Last Will Amendment rules

8. What happens if you don't have a will in Texas?

9. Texas Community Property rules

10. How can TrulyWill help with your online will?

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Requirements for a Texas Last Will and Testament 

Every state in the USA has varying conditions for a valid and legal will. To avoid the will from being challenged, you should follow the details for your state. Let's look at the requirements for a Texas last will and testament:

• Must be in written form: A written Texas last will is legal in court. You need to write the will or type it on a computer and print it. Either way, it should be available in a physical form. 
• The testator should be 18 years or above.
• Must be of sound mind and memory: The testator should fully understand the process and what a will is. They need to have a sound mind and memory during the will-making. 
• Freely and voluntarily: The testator should make their last will voluntarily without any influence from a beneficiary. 
• Signed by the testator: The testator must sign their last will in the presence of two witnesses. 
• Signed by two witnesses: A Texas last will and testament would be legal if two witnesses sign it. They must sign it in front of the testator, and the testator needs to do the same.

Holographic wills in Texas 

Texas also allows Holographic or handwritten wills. It means you can write your own will in your handwriting in Texas and sign it.

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Who can be your witnesses for a Texas Last Will and Testament?

You will need at least two disinterested witnesses for your Texas last will who follow these conditions:

1. The witnesses need to be at least 14 years of age for a Texas last will and testament.
2. The two witnesses should be disinterested, i.e., they can not be beneficiaries in the will. 

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Texas rules for a personal representative or executor 

Your personal representative in the last will is the person responsible for managing your estate after you pass away or become incapacitated. You can choose an executor in your Texas last will and testament only if they fulfill these conditions:

1. They must be 18 years or above of age.
2. The executor should have a sound mind, allowing them to perform the duties.
3. Never been convicted of a felony.
4. Must be deemed suitable by the court

In a Texas last will, you may choose someone who lives out of state as your executor. However, they can only serve as your personal representative if they appoint a resident agent in the state who can collect legal documents on their behalf. 

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Texas Last Will and Testament notarization 

It's not necessary to notarize your Texas last will. However, attaching a self-proving affidavit is better to make the probate process quicker. 

You can complete this by signing an affidavit by you and your witnesses declaring that it's your last will in front of a notary. 

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Last Will Revocation in Texas 

You can revoke your previous last will before you pass away in Texas by following any of these steps:

• You can destroy your previous will by tearing, burning, or throwing it away.
• Ask someone else to destroy the will in your presence.
• You can revoke your previous will by creating a new one. Ensure that you state in your new will that it revokes all the last wills. Get rid of your previous wills and codicils to avoid any problems. 

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Last Will Amendment rules Texas.

You can revise your existing Texas last will and testament with a Codicil. It's a legal document that enables you to alter your will rather than revoking it altogether. The Codicil must also follow the same guidelines for signing by the testator and two disinterested witnesses. The testator should be of sound mind while creating the Codicil. 

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What happens if you don't have a will in Texas?

If you don't have a last will, these applicable cases could happen in Texas:

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Texas Community Property rules.

Texas is a community property state. Here's what you should know:

• A community property state assumes all the assets or debt acquired by either spouse during their marriage to belong to both of them. 
• To explain this, if you buy a property during your marriage, your spouse would own half of it even if you've bought it with your income and have just your name on the title.
• You can only list beneficiaries for your half of the entire estate. Even if you choose someone else in your last will, it'll go to your spouse if it's their half of the estate. 

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Here's what you can name in your will:

1. Your personal property includes any assets or debts you had before your marriage 
2. The inheritance you acquired during your marriage.
3. Any assets specified in a prenuptial or postnuptial agreement
4. Your half of the entire estate 

You can use your last will to leave these assets to any beneficiaries you wish. 

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How can TrulyWill help with your Texas last will?

You can create an online will and testament from the comfort of your home with TrulyWill. We are an attorney-backed, reliable, jargon-free, and easy-to-use platform for online wills and trusts. You could create an online will within minutes by answering a few simple questions. We have experts who could guide you through the process for your state and avoid any troubles. Whatever your needs are, we can help manage your estate with these few steps:

• Add your details, such as your family, spouse, children, estate, employment, etc., to the platform.
• Review the information and check if it's all correct. Read more about the state-wise guidelines for a valid legal will.
• Download your will and follow the guidelines to make it legal. 
• You're done!

So, Sign-up on TrulyWill and create your Last Will and Testament online

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