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Texas Last Will and Testament Template

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The Texas Last Will and Testament is a legal document that reflects the final wishes of a testator with regard to their estate and how they would wish that estate to be distributed to it’s beneficiaries. This document would be created not only for the purpose of continuing to provide for their immediate and extended family members but also friends and institutions that may be of importance to them. The property listed in this document is generally distributed by a trusted executor. Distributions may be those of personal property, real estate, fiduciary or digital assets among others. As the testator completes his decisions, the document must be signed by two witnesses and all signatures will require notarization. The document, as long as the testator is of sound mind, may change or revoke this document at their discretion at any time.

Definitions – Probate Code, Section 3(ff)

LawsProbate Code

Signing () – Must be attested by the Testator and by Two (2) or more credible Witnesses who are at least 14 years of age and who subscribe their names to the will in their own handwriting in the Testator’s presence.

How to Write

Step 1 – Establish a testator of this document by placing their full name at the top of the document, to be followed by:

  • The testator’s name
  • City and County
  • Reviewing the remainder of the paragraph
  • Read “Expenses and Taxes”

Step 2 – Appointment of a selected Executor – Enter:

  • The Name the testator’s chosen executor
  • Name the City and County of the executor
  • Executor’s State of residence

For the protection of the estate and beneficiaries, it would be wise for the testator to select an alternate executor in the even the initial representative is unable to carry out the execution of the estate according to the wishes of the testator. Select and alternate representative and enter:

  • The name of the alternate executor
  • City of residence
  • County of residence
  • Alternate’s State of residence

Step 3 – Disposition of Property – Beneficiaries

Beneficiaries – Enter the following information:

  • Their legal name
  • A physical addresses for named beneficiaries
  • Provide a description of the relationship to the testator
  • Enter the last four digits of the SSN for all persons named beneficiaries
  • Enter a list/descriptions of property that the testator shall provide per beneficiary

Step 4 – Testator should review all titled sections:

  • Omission
  • Bond
  • Discretionary Powers of Personal Representative
  • Contesting Beneficiary
  • Guardian Ad Litem  Not Required
  • Gender
  • Assignment
  • Governing Law
  • Binding Arrangement

Step 5 – Witnesses/Signatures – All who shall serve as a signatory will be present one  to another at the time of the signing of the document. All must enter:

  • The name of their testator
  • Date of testator’s signature
  • Testator’s individual signature
  • Testator’s printed name

Witnesses – Witnesses should review the brief statement and enter

  • Date of the signatures 
  • Name of the testator

Witness 1 – 

  • Signature
  • Physical Address

Witness 2 –

  •  Signature
  • Physical Address

Step 6 – Affidavit of Testament – All signatories must review, then enter:

  • State
  • County
  • Name of testator
  • Name – 1st witness
  • Name – 2nd witness
  • AND
  • Signature of testator
  • Signature – 1st Witness
  • Signature – 2nd Witness

Step 7 – Notary- As the testator completes the document, any signature shall be witnessed and acknowledge by a commissioned notary

 



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