- In writing;
- Signed by the testator or another person at his or her discretion and in his or her presence;
- Attested (verified) by at least two credible witnesses over the age of 14; and
- Signed by the witnesses in the presence of the testator.
- The testator must have legal capacity to create a will in Texas. This means that the testator must be 18 years old or older, married or previously married, or currently serving in the armed forces;
- The testator must also have testamentary capacity which means he or she must be of sound mind at the time of executing the will;
- The testator must show testamentary intent which means that at the time the will was created the testator intended to bequeath or pass down property upon his or her death; and
- The testator must not have been forced or deceived by someone else into creating the will.
Follow Us On Social
*Mark L. Scroggins is *board-certified in family law by the Texas Board of Legal Specialization. Unless otherwise noted, other attorneys are not *board-certified.
**Super Lawyers (a Thomson Reuters service, awarded to Mark Scroggins 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021)
The information in this article (OR ON THIS WEBSITE) is for general information purposes only. The information contained herein is not guaranteed to be correct, complete, or up to date. You should not rely on any information in this article, but should consult a licensed attorney for legal advice regarding your specific case. Nothing in this article should be construed as legal advice for any individual case or situation. Viewing of this information is not intended and does not constitute an attorney-client relationship. Additional Resources