There are many different tactics for estate planning, and many people approach the process aiming for simplicity. They want to do things as easily and quickly as possible with minimal expense. Creating a simple will is usually the most basic solution for estate planning. Some people may try to handle the whole process themselves, possibly by creating a digital will using documents they find online.
Digital or electronic wills are easy to create, in theory. People may only need to enter a few details about themselves, their beneficiaries and their assets. However, despite their increasing prevalence, electronic wills are not currently valid testamentary instruments in Texas.
Texas rules require written wills
Not all attempts at creating a will result in an enforceable estate plan. Creative solutions involving digital documents or modern recording equipment may not align with state requirements.
For a will to hold up in the Texas probate courts, it must be a valid written instrument. Most modern estate planning lawyers print written documents after fine-tuning the terms with their clients. They then have the client sign the documents in the presence of two witnesses as required by Texas state statutes.
Occasionally, people might create holographic wills by handwriting their testamentary instruments. Such documents have to comply with several very specific requirements to conform to Texas probate laws. They may not hold up in court if other people cannot readily identify the handwriting.
Digital or electronic wills are not valid wills under current Texas laws. Neither are video footage or audio recordings declaring someone’s testamentary wishes.
There are many other mistakes people can make when trying to make their own wills. In addition to being a handwritten document, a will also needs to comply with Texas probate statutes. Mistakes integrated into the documents may make it quite easy for outside parties to contest or challenge the will in Texas probate court.
Sitting down to discuss estate planning goals and create a written, witnessed will with the assistance of a skilled legal team is usually the most effective way to ensure the validity of documents. Adults who understand the basics of Texas probate laws may recognize how important having proper guidance can be during the estate planning process.