Legal Question in Wills and Trusts in Texas
holistic will
What needs to be put in a handwritten will to make it legal in Texas. Will it hold up in court. Do they have to be filed with the court.
2 Answers from Attorneys
Re: holistic will
It has to be wholly in the testator's handwriting, signed and dated.
They usually hold up in court, but you need witnesses that can identify the testator's handwriting.
They have to be filed for probating the decedent's estate. They don't have to be filed to 'make it legal'.
Re: holistic will
"Holographic" wills should be entirely in the testator's handwriting (no typing). Most wills are not filed with any agency although many county clerks offices will safeguard a will for a very nominal fee. At the time of probate, someone will have to testify as to personal knowledge of the testator's handwriting. To avoid the many pitfalls that may be encountered at probate, one should consult an attorney and have a proper will drawn up. At least sit down with an attorney with will and probate experience to discuss your situation.