Attested Wills

The “attested” will is the type of will that everyone thinks of when someone mentions they have a will.  It is a writing and is signed by the testator (the person making the will) or by a person he/she directs to sign in the presence of the testator.  It is attested by two or more credible witnesses above the age of 14 who shall sign their names in their own handwriting in the presence of the testator.

It is common to have a “self-proving” affidavit also signed by the witnesses.  The affidavit essentially states the witnesses witnessed that the Testator declared he/she was signing his/her Last Will and Testatment, the testator was over the age of 18, of sound mind, and each witness was over the age of 14.  The self-proving affidavit makes it possible to admit the will without having to prove it was executed correctly.

If there is no self-proving affidavit, the will is not invalid.  It only requires that in order to probate the will, witnesses(es) will be required to appear in order to prove the will was properly executed and in accordance with the statute.

Holographic Wills (handwritten wills)

Texas does recognize handwriten wills.  A hand written will must be wholey in the handwriting of the testator.  Witnesses are not required to sign the handwritten will; however, in order to admit the handwritten will, two witnesses are required to prove it is the testator’s handwriting.

Oral Wills (Nuncupative Wills)

Texas used to recongize oral wills in limited circumstanes.  In 2007, the Texas legislature replealed the statutes allowing for Nuncupative Wills.