A Last Will and Testament (also referred to as a “Last Will” or simply a “Will”) is a formal way of setting forth your wishes regarding how you would like your property distributed upon your death. You should consider creating a Last Will and Testament whether you are single, married, have minor children, or own even a small amount of personal assets or property. In fact, every adult should have a will or other means to control the disposition of their assets. If you have not formalized your intentions, your estate may meet with unnecessary and costly litigation, adding to the grief experienced by your survivors.
In Texas, to execute a valid Last Will and Testament, the law requires that the testator (the person for whom the will applies) be at least 18 years old and of sound mind (full mental capacity). Also, the state requires at least two credible witnesses — three if it is an oral will. It should be noted that Texas recognizes oral wills, as well as holographic wills (wills that are written entirely in the testator’s handwriting).