Handwritten wills aren’t the best idea for most people because it’s just so hard to get them to hold up in court. But if you don’t own a home or any significant property, it might not be that big of a deal.
There are a lot of sites online that offer will forms and templates. Some are free while others require you to pay a fee or buy a subscription for services. It can be worth it to pay a fee for documents if they’re reviewed by a Texas attorney. Otherwise, you’re probably better off using a free template or form.
For example, you might write, “I, Hank Hill, of Arlen, Texas, on this date, November 26, 2021, am of sound mind, and I am writing this will with the intent of setting forth my wishes for the dispensation of my estate after my death. "
For example, you might write, “I leave my house and my car to my son, Bobby Hill. " If your wife lives in the house, your son would get a 50% interest in the house, while your wife would retain the other 50%. The only caveat here is that the person will only get the thing you listed if you still own it when you die. [7] X Research source You can get around this restriction by listing categories of things, rather than specific things. For example, you might say, “I want any cars that I own to go to my niece, Luanne Platter. " If you want to list something specifically, that’s fine—just keep in mind that if something happens to that thing before you die, that person won’t get anything. For example, if you write, “I give my 1957 Thunderbird to my niece, Luanne Platter,” Luanne won’t get anything if you sell your T-bird before you die.
For example, you might write, “I leave the residue and remainder of my estate to my son, Bobby Hill. "
If you have fairly complex assets, you might choose your accountant or attorney to be your executor instead of saddling a family member with the responsibility. If you’re writing your will yourself, make sure you include a statement that you want your executor to “serve without bond. " Courts usually require executors to put up money with the court to make sure no assets are stolen or misused. As long as you trust the person you name, including this language means they won’t have to do that.
For example, you might write, “I appoint my niece, LuAnne Platter, who lives in Arlen, Texas, as guardian of my minor son, Bobby Hill. " You don’t have to name your kids. This ensures any kids you might have in the future are included. For example, you might write, “I appoint my niece, LuAnne Platter, who lives in Arlen, Texas, as guardian of my minor children. " This clause typically only takes effect if both parents are gone. If the child’s other parent survives you, they’re considered the natural guardian. You don’t have to name them for that to happen.
A surviving spouse is entitled to half of the assets acquired during the marriage, but this isn’t the same as inheriting that property. That’s the property they already owned. For example, if you buy a house while you’re married, your spouse has a 50% interest in that house, even if their name isn’t on the deed. But you can still leave your 50% interest to anyone you want—you don’t have to leave it to your spouse.
It’s also a good idea to hire an attorney if you want to specifically disinherit someone. They’ll give you that extra peace of mind that your wishes will be carried out and your documents will hold up in court. Look for an attorney who specializes in wills and estates or probate law. It’s also good to choose an attorney who has experience with estates similar in size and makeup to yours.
You don’t need witnesses if you have a handwritten will. [14] X Research source But if you get witnesses anyway, it turns your handwritten will into a “formal” will—which means your family won’t have to worry about finding someone to testify that it’s your handwriting.
Do not go to a “notario” or “notario publico. " A licensed notary public is not allowed to use these words or phrases to advertise their services. In fact, they’re not allowed to advertise in any language other than English. [16] X Research source
It’s a good idea to sign in blue ink—that way there’s no question that this will is the original one and not a copy. [18] X Research source
For example, you might keep one copy in your own safe deposit box, give one copy to your partner, and give the third copy to the person you named as executor.
The county clerk will keep your will safe until your death. This is especially important if you have a handwritten will because only the original can be probated—a copy won’t do. [21] X Research source To get contact information for your county clerk, go to https://www. sos. state. tx. us/elections/voter/cclerks. shtml and scroll through the list until you find the county where you live.
If you’ve deposited your will with the county clerk, you can go to the clerk’s office and ask for it. They’ll release it to you before your death. After you get it, all you have to do is destroy it. [23] X Research source
For example, you might write, “I expressly revoke all prior wills and make them invalid and without legal force. " You should still destroy your old will, but if a copy happens to surface, this clause makes it clear which will is valid.
For example, you might write, “I, Hank Hill, of Arlen, Texas, hereby expressly revoke the will that I wrote on November 26, 2021. That will is invalid and without legal force. "
To specifically reference your original will, include the date it was written or executed (or both). You might even attach a copy of the original will for reference. Your codicil doesn’t have to be executed the same way as your original will, it just has to be executed in a way that makes it legally valid. So, for example, you could handwrite a codicil and sign it yourself, and it would be valid as a holographic will—you wouldn’t even need witnesses. Keep in mind, though, that you want to make things as simple as possible for your beneficiaries. A holographic will would still require testimony from someone who knew you and could affirm that it was written in your handwriting.
