Texas

Overview

Here you will find what is required by state when making a living will. You will also find whether or not this specific state accepts oral or written wills.

Some key terms to keep in mind:

Testator: One who makes or has made a will; one who dies leaving a will.
Holographic Will: A will and testament that has been entirely handwritten and signed by the testator.
Oral Will: An oral will (or "nuncupative" will) is a will that has been delivered orally (that is, in speech) to witnesses, as opposed to the usual form of wills, which is written and according to a proper format.

State Requirements and Will Type Recognition

Code Section

Operative Facts

1. Must be a competent adult
2. must have 2 witnesses
3. may be oral with 2 witnesses and attending physician
4. directive shall become a part of medical record of declarant (if oral, witnesses must sign medical records)
5. not operative for pregnant patients

   Age of Testator

   18 years or older or lawfully married or member of U.S. Armed Forces or auxiliaries or of the maritime service and of sound mind

   Number of Witnesses Required

   Attested by two or more credible witnesses above age of 14 subscribing names in presence of testator

   Oral Will Recognition

   Must have been made during last sickness, at residence or where he has resided for at least 10 days or more before date of will unless taken sick and dies away from home; when value is more than $30, must be proved by three credible witnesses that testator called upon someone to bear testimony that such is his will.

   Holographic Will Recognition

   Will wholly written in handwriting of testator needs no attesting witnesses and may be self-proved by testator attaching affidavit that it is his last will.