What are the legal requirements for a will in Dallas, Texas?

You may think of wills as primarily intended for senior citizens, but it’s a good idea to have one regardless of your age. Your estate is more than just the material items you own; it also includes intangible things like passwords. With the amount of technology we use on a daily basis, it's smart to designate who gets access to your logins in the case of a fatal accident.

Before you start thinking about where your belongings will go or who can take which pieces of furniture, though, take some time to familiarize yourself with the legal requirements for creating a will in Dallas. It isn't as complicated as you may think, but there are still some specifics you should know.

What Makes a Will Valid in Texas?

There are a few specific criteria that your will needs to fulfill to be legally valid in the state of Texas. Some include you as the testator yourself, while others are about the physical document.

Legal Capacity

First and foremost, the person making the will (the "testator") needs to have legal capacity. Essentially, this is to make sure that wills are made by adults or people interfacing with the world as adults, who are more likely to have the capacity to understand legal matters. There are three ways to prove your legal capacity.

First, and probably the easiest, is simply time. If you're above the age of 18, you have legal capacity, as long as there's no reason to question it.

Alternately, you need to either be married or have previously been married.

Finally, even if neither of those apply to you, if you're a member of the United States Armed Forces, you have legal capacity.

Sound Mind

Here's where being over the age of 18 may not be enough to give you legal capacity: you need to be of "sound mind." This refers to your mental health at the time you create the will. Basically, where "legal capacity" is about how you exist within the world, the "sound mind" requirement is about your ability to interact with it.

At its simplest, being of sound mind means you have the mental capacity to understand what you're doing. If you understand that you're creating a will, know who your beneficiaries would be, know you're planning to give away belongings and have the ability to create said plan, you're considered to be of sound mind.

Intention to Create

This is probably the easiest criterion to fulfill: you must intend on making an outline of how your property is distributed after your death.

Do It in Writing

Last but not least, to be considered legally valid, you need to meet the criteria above and put your will into writing. That doesn't necessarily mean the will has to be handwritten, however.

Texas recognizes two types of wills: formal wills and holographic wills.

Formal wills, also called attested wills, are what you probably think of when you imagine a will. They can be typed out rather than written by hand, and they often are drafted with the help of an attorney. You need to have two witnesses that are above the age of 14 sign your will in front of you for an attested will to be legally valid.

Holographic wills, contrary to their name, do not shimmer or create 3D images—they just must be in your handwriting. There are no stipulations of what you need to write it on. As long as it's in your handwriting and you sign it, anything can be a holographic will, from fast food wrappers to legal notepads and even vehicle parts.

Are There Any Special Requirements for Texas Residents?

Whether you're a resident of the Lone Star State or not, doesn't matter: you have to fill out the same forms and follow the same process. Texas residents don't even have to get their wills notarized, necessarily. It can be easier to, as it means that courts can accept wills without having to find your witnesses, but the only other real requirements are the corresponding forms and the criteria above.

Should I Consult an Attorney for Creating a Will in Texas?

Creating a will in Dallas is a lot simpler than you might think. That being said, there's a lot more that goes into the process, and any potential disputes over your estate can delay your intentions being fulfilled. It's essentially always a good idea to consult with an attorney before making a will. Your attorney may be able to attest to your mental state at the time you write it, for instance.

An attorney can also find any potential pain points in the will. Attorneys can help you navigate family dynamics and increase the chances that your will is executed in a reasonable amount of time. A will that is questioned or is created improperly can result in probate court, which is where the court determines if the will is valid. For more information on wills in Texas or to find an attorney for your own, reach out today.