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Frequently asked questions concerning legal wills for texas and issues with living wills, Dallas attorney, Shelly B. West

Valid Legal Wills in Texas

Question:  What makes a will valid and legal in Texas?

Answer:   For a document to be regarded a will in Texas, under most circumstances, it must either be entirely in the handwriting of the person making the will (the testator) or, be a ceremonial will. A ceremonial will must be in writing, and signed by the testator in person in the presence of and attested by two or more credible witnesses over the age of fourteen, who in turn subscribe to the will in their own handwriting in the presence of the testator. Reference Texas Probate Code section 59(a).

The ceremonial will, which is the preferred choice, may be made "self-proved" by having it notarized with the appropriate language included at the end of a will. Reference Texas Probate Code section 59(b). This is preferred because such a will is easier and less expensive to probate. This is true since the witnesses to the will would not be required to come to court for the hearing on the will.

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