| Our firm has
written this short brochure to provide you with
simple information regarding Wills and Probate
in Texas. This brochure is not intended
to substitute for legal advice from a qualified
attorney. If you have further questions, please
call our office.
1. What is a Will?
A Will is a legal document that allows you to
decide how and to whom your property will be
distributed after your death.
2. Who can make a Will?
Anyone who is of sound mind and is at least
eighteen years old can make a valid Texas Will.
Married people can also make a valid Will even
if they are under the age of eighteen.
3. Who needs a Will?
Almost everyone needs a valid Texas Will. The
only exceptions would be people who are not
married and have no children and who do not
leave a large estate. Even for those people,
there are advantages in making a Will to
simplify the disposition of the property you
leave
4. Can I write my own Will?
Yes, but it
can be very dangerous to
do this without a lawyer. The laws in
Texas are quite strict regarding what is and is
not a valid Texas Will. If your
"homemade" Will is declared to be an
invalid Will, your property may go to people you
did not want to have it. Remember, you will not
be around to explain to the Judge what you
really intended.
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5. What will happen to my property if I
die without a Will?
If you die without a valid Will, the laws of
the State of Texas will determine who should
inherit your property, and how much each person
will inherit. These laws (referred to as the
laws of Descent and Distribution) can be
complicated, depending upon your family
situation at the time of death.
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6. What will happen to my children if I
die without a Will?
If you should die without leaving a valid
Texas Will, the Judge of the court in which your
estate is resolved will decide who should be
appointed as the guardian of your minor
children. Normally the guardian would be the
surviving parent of the children, but it might
be another relative or even a friend. Again, it
will depend upon your family situation at the
time of your death, and you won’t be there to
give your opinion to the Judge.
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7. What is Probate?
Probate is the process of a court
establishing that a Will is valid and the court
then approving the final distribution of
property and questions regarding minor children.
A Texas Will must be submitted to the court
for Probate within four years of the date of the
death of the maker of the Will.
Of course if a person dies without a valid
Texas Will, the court will make all decisions
regarding property and minor children based upon
the laws of the State of Texas and on the Judge’s
opinion regarding the best interests of the
children.
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8. Is it expensive to have a lawyer
prepare a Will?
A proper Will can be surprisingly
inexpensive, especially if a husband and wife
prepare one at the same time.
The real expense usually is in dying without
a valid Will. That can possibly create a
financial nightmare for the surviving family
members. Almost everything the family will have
to do after a death is more expensive to do
without a valid Will. By spending a small amount
of money now, you may save your family thousands
of dollars and hours of frustration and
aggravation later.
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9. What information do I need to give my
lawyer if I want a Will?
Your lawyer will need your family details,
such as your current marital status, the names
and ages of children, and other such
information.
You then must choose a guardian. This is the
person who will take care of your children in
case you and your spouse die before your
children become adults. The guardian will raise
your children and manage their money.
You also decide who your beneficiaries will
be. These are the persons or organizations who
will inherit your estate. Your estate consists
of all the property you own, both real estate
and personal property such as jewelry and
automobiles. If you plan to leave property to
your children, you will need to decide at what
ages the children will actually receive the
property they inherit.
Next, you must choose an executor. This is
the person or institution who collects your
property, pays your debts and taxes and makes
sure your property is properly given to your
beneficiaries.
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10. What is a Living Will?
A Living Will (also known as a Directive
to Physicians) is a legal document that
allows you to tell doctors and hospitals in
advance that you do not want to be kept alive on
support systems if there is no hope of a
recovery to a normal life.
A Durable Power of Attorney for Health
Care Decisions is a legal document that
allows you to designate an agent (usually a
relative or a close friend) to make health care
decisions for you if you should become either
physically or mentally unable to make such
decisions for yourself.
A Statutory Durable Power of Attorney
is a legal document that allows you to choose a
person to make any non–medical decisions for
you and to sign your name to other legal
documents. This is normally used when a person
becomes mentally or physically incompetent, but
it must be prepared and signed before that
person becomes incompetent.
These three legal documents, together with a
valid Will, will make life much easier for your
spouse, children, other relatives and close
friends should you become incompetent or die.
Without these important documents, the loved
ones you leave behind will not only have to deal
with their grief, but also with unnecessarily
complicated legal matters.
We have made an effort to provide correct
information in this brochure. However, it is
impossible for a short paper such as this to
provide complete information regarding complex
laws such as those relating to Wills and
Probate. If you have questions, you should
consult with an attorney.
The statements here are general in nature.
The facts in any particular situation may alter
their application or may involve other laws not
referred to here.
At the law firm of Kraft
& Associates, we will be pleased
to assist you with any questions you have
regarding Wills and Probate in
Texas.
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Information is correct as of January 1, 2000.
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