Creating a will is one of the most important steps you can take to protect your family, your assets, and your wishes after you pass away. Many people wonder whether they need an attorney to create a will or whether they can simply write one themselves.
In Texas, you can write your own will, but there are important legal requirements that must be followed for the will to be valid. While a do-it-yourself will may seem like a simple and inexpensive solution, mistakes in drafting or execution can create problems for your loved ones during the probate process.
Understanding the requirements for a valid Texas will can help you make an informed decision about the best way to protect your family’s future.
Does Texas Require an Attorney to Create a Will?
No. Texas law does not require you to hire an attorney to create a will.
A person may create their own will, including a handwritten will in certain circumstances. However, a will must meet specific legal requirements to be enforceable.
Many people choose to work with an estate planning attorney because a will is more than just a document listing who receives your belongings. A properly drafted estate plan can address important issues such as:
- Who will inherit your property.
- Who will manage your estate.
- Who will care for minor children.
- How debts and expenses should be handled.
- How certain assets should be distributed.
- How to minimize potential family disputes.
Requirements for a Valid Will in Texas
Texas recognizes several types of wills, including formal written wills and holographic (handwritten) wills.
Formal Written Will
A formal will in Texas generally must:
- Be in writing.
- Be signed by the person creating the will (the testator).
- Be witnessed by at least two qualified witnesses.
A properly executed will helps ensure that the probate court can recognize and follow your wishes.
Holographic Will
Texas also recognizes handwritten wills.
A holographic will must be:
- Entirely written in the testator’s own handwriting.
- Signed by the testator.
Unlike a formal written will, a holographic will does not require witnesses. However, handwritten wills can still create issues if the language is unclear or does not properly express the person’s intentions.
Why a DIY Will Can Create Problems
Although creating your own will may seem straightforward, estate planning involves important legal decisions that are not always obvious.
Common problems with do-it-yourself wills include:
Unclear Instructions
If a will does not clearly explain how property should be distributed, family members may disagree about what the person intended.
Ambiguous language can lead to probate disputes and additional legal expenses.
Missing Important Assets
Many people do not realize that certain assets may not pass through a will.
Examples include:
- Life insurance policies with named beneficiaries.
- Retirement accounts.
- Payable-on-death accounts.
- Certain jointly owned property.
A complete estate plan should consider how all assets are transferred, not just those listed in a will.
Failure to Address Minor Children
For parents of minor children, a will can be an important tool for naming guardians and planning for a child’s future.
A will may address:
- Who should care for minor children if both parents are unable to do so.
- Who should manage assets left for children.
- When children should receive inherited property.
Failing to include these provisions can leave important decisions to the court.
Improper Execution
Even a well-written will may create problems if it is not signed and witnessed correctly.
Texas has specific requirements regarding how wills must be executed, and failing to follow those requirements can affect whether the document is accepted during probate.
Can I Use an Online Will Template in Texas?
Online will templates can be helpful for some basic estate planning situations, but they may not account for your specific circumstances.
Every person’s situation is different. Factors such as marriage, children, blended families, property ownership, business interests, and financial assets can significantly impact how an estate plan should be structured.
A template may not identify potential issues or provide the legal guidance needed to protect your wishes.
When Should I Consider Hiring an Estate Planning Attorney?
Working with an estate planning attorney may be especially beneficial if you:
- Have minor children.
- Own a home or significant assets.
- Own a business.
- Have a blended family.
- Want to create a trust.
- Have concerns about probate.
- Want to protect certain beneficiaries.
- Have complicated family circumstances.
An attorney can help ensure your documents reflect your wishes and comply with Texas law.
A Will Is Only One Part of an Estate Plan
While a will is an important estate planning document, many people need additional documents to fully protect themselves and their families.
A comprehensive estate plan may include:
- Last Will and Testament.
- Medical Power of Attorney.
- Directive to Physicians (Living Will).
- Financial Power of Attorney.
- HIPAA Authorization.
- Trust documents, when appropriate.
These documents can help address both what happens after death and what happens if you become unable to make decisions for yourself.
Protect Your Family’s Future With Proper Planning
Creating a will is an important step toward protecting your loved ones and ensuring your wishes are carried out. While Texas law allows individuals to create their own wills, careful planning can help prevent unnecessary confusion, conflict, and expense for your family.
At Haugen Law Firm, we assist Texas families with estate planning, including wills, powers of attorney, and other important documents designed to provide peace of mind.