As a Texas Board-Certified Estate Planning and Probate Attorney, one thing that has always confounded me is why someone would not have a Last Will and Testament. Frequently, I’ve heard the following excuses:
- I’m too young
- I don’t have any money
- I’m too busy
Despite the excuses, the requirements of who can execute a Last Will and Testament in Texas are fairly minimal. In fact, Texas Estates Code Section 251.001 defines who may execute a will.
Sec. 251.001. WHO MAY EXECUTE WILL. Under the rules and limitations prescribed by law, a person of sound mind has the right and power to make a last will and testament if, at the time the will is made, the person:
(1) is 18 years of age or older;
(2) is or has been married; or
(3) is a member of the armed forces of the United States, an auxiliary of the armed forces of the United States, or the United States Maritime Service.
Anyone who meets the statutory requirements should have a will. The costs and time for opening an Heirship Proceeding and an Administration far outweigh the cost of getting a will. The short of it is – Get a Will!
The following is for informational purposes only, shall not constitute legal advice and does not constitute the establishment of an attorney-client relationship. More importantly, the following information is not a substitute for a Board Certified Texas Estate Planning & Probate Attorney. You should always consult with a qualified attorney.