Is An Online Will Legally Valid in Texas?
Yes, online wills are legally valid in Texas. However, there are some rules you should know about what makes them legal. You have to take steps beyond simply creating one online. Learn more about those rules below.
Not to worry, FeedingBird helps you every step of the way.
What Makes an Online Will Legally Valid in Texas?
Online wills are completely legal and accepted in the state of Texas. However, digital or electronic wills are not, along with video or audio recordings of a person’s wishes. In order for a will to meet legal requirements in Texas, it must be printed on paper, signed by the person stating their wishes (the testator), and signed by two credible witnesses. Credible witnesses are defined as persons at least 14 years old and who are not named as beneficiaries in the will. Notarization is not required.
Holographic, or handwritten, wills are valid without witnesses, but it must be entirely in your handwriting.
What You Need to Know about Online Wills in Texas
Estate laws can be quite complex and some vary significantly by state. It’s important to ensure your online will is structured appropriately to avoid a long, complex legal process.
Texas Property Laws
In Texas, property can be considered community property or separate property and does greatly affect who will inherit those assets. Community property includes any assets or wealth acquired during a marriage. Separate property is anything that has specified sole ownership or things that were acquired prior to a marriage. This is an important distinction in Texas because, without a will, a spouse inherits all community property, but separate property must be split with any living children.
Texas Probate
All wills go through probate in the state of Texas unless the total value of that estate is less than $75,000, excluding the homestead and exempt property, in which case you need to file a Small Estate Affidavit. Otherwise, a trust is needed to avoid probate. In Texas, a will must be filed within four years of a person’s death.
Additionally, Texas is known for the Independent Administration option. This is a method of settling an estate that allows the court to appoint an executor of a will with little court oversight. The goal here is to limit delays and costly fees associated with court proceedings. This can be done in one of two ways.
- A person explicitly appoints the Independent Executor in the will.
- A judge can grant an Independent Executor if all living heirs agree to the appointment.
Avoiding Probate in Texas
Because probate is widely known for being a long and often expensive process, people sometimes wish to avoid it altogether. Here are some ways you can avoid probate.
- Put your assets in a revocable living trust. A living trust lets you have full control over your estate as the trustee. You name a successor trustee who will manage distributing your assets after your death.
- Name beneficiary designations on financial and retirement accounts. A payable-on-death (POD) designation will specify who receives payment at the time of your death. A transfer-on-death (TOD) designation names a new owner for those accounts.
- Identify a beneficiary for real estate. You can use a transfer-on-death deed (TODD) which automatically names a new owner for that property upon your death. A Lady Bird Deed allows you to have full ownership with ownership passing to a beneficiary upon your death. A Lady Bird Deed also allows you to take advantage of long-term care benefits and can help protect the property from Medicaid estate recovery after your death.
- Establish Joint Ownership with Right of Survivorship. Essentially, this gives your spouse automatic ownership of any joint properties.
Want to learn more about trusts? Discover what is included in a trust.
