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Texas Wills Laws

Wills are legally binding documents (may be oral as well) that detail how an individual would like his or her property divided after death. For the most part, states have very similar laws with respect to wills. Texas wills laws require the testator (the person for whom the will applies) to be at least 18 years old and of sound mind. Also, the state requires at least two credible witnesses -- three if it is an oral will.

Learn about the main provisions of Texas wills laws in the table below. See FindLaw's Wills section for additional resources.

Code Section Probate Code §57, et seq.
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 Attested by two or more credible witnesses above age of 14 subscribing names in presence of testator
Nuncupative (Oral Wills) 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 Wills 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.

Note: State laws are constantly changing -- contact a Texas wills attorney or conduct your own legal research to verify the state law(s) you are researching.

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