How to Make Sure Your Online Will Is Valid in Texas

Many Texans wonder if an online will is a valid way to ensure their estate is handled according to their wishes. While it’s possible for an online will to be valid in Texas, it must meet strict legal requirements. Not all online services provide wills that comply with Texas law, and improper signing can render even the best online documents invalid. Let’s break down what makes a will valid in Texas and why choosing the right service is critical.

What Makes a Will Valid in Texas?

To be valid, a will in Texas must meet several key legal requirements. These requirements are in place to ensure the will accurately reflects the wishes of the testator (the person making the will) and can be upheld in court. Here’s what Texas law demands:

1. The Testator Must Have Legal Capacity
   In Texas, a person must be at least 18 years old to make a valid will. Exceptions to this rule include individuals who are lawfully married or are serving in the United States armed forces.
2. The Testator Must Be of Sound Mind
   Texas law requires the testator to be of sound mind when making a will. This means the testator must have the mental ability to understand:
   • The fact that they are making a will.
   • The effects of making the will.
   • The nature and extent of their property.
   • Who their natural heirs or beneficiaries are (such as family members).
   • That they are choosing to distribute their assets.
   • How these elements come together to create an organized plan for distributing their property.
3. Testamentary Intent
   The testator must intend to create a document that outlines how their property will be distributed after their death. Testamentary intent means that when the testator signs their will, they are doing so with the clear purpose of creating a legally binding document that dictates how their assets will be handled after death.
4. The Will Must Be in Writing
   Texas recognizes two types of written wills:
   • Holographic Will: This is a handwritten will. To be valid, the testator must write the entire will in their own handwriting and sign it. Witnesses are not required for a holographic will to be valid in Texas.
   • Attested Will: This is a will that is not entirely handwritten, such as one prepared by an attorney or created using an online service. For an attested will to be valid, the testator must sign it (or have someone sign it on their behalf, in their presence), and at least two credible witnesses over the age of 14 must sign the will in the presence of the testator.

The Risks of Using an Online Will

While it’s possible to create an online will that meets Texas legal requirements, many online services fail to provide the necessary elements for validity. Some common problems with online wills include:

• Incomplete documents: Many online will services offer generic templates that don’t fully comply with Texas laws, leaving your estate plan vulnerable to challenges.
• Improper execution: Even when the content of an online will is correct, it’s often not signed properly. A will that isn’t signed correctly is not legally enforceable.

Signature Issues: A Common Pitfall of the Online Will

One of the most frequent reasons online wills fail in Texas is improper execution. Texas law requires that an attested will must be signed by the testator and two witnesses. If these steps aren’t followed precisely, the will can be invalidated, leading to confusion or disputes among your heirs.

Without clear, step-by-step signing instructions, it’s easy to make mistakes that can render the entire will useless. Even a well-written document won’t hold up in court if the signing procedure isn’t followed correctly. The absence of specific guidance on where and how to sign is one of the main reasons why online wills can fail in Texas.

How Texan Wills and Trusts Offers a Better Solution

At Texan Wills and Trusts, we make sure your will complies with Texas laws and is executed correctly. Our wills are drafted specifically for Texans, addressing the legal requirements of the state. Here’s why we stand apart from many online services:

• Texas-compliant wills: Our documents are created to meet Texas-specific legal requirements, so you won’t have to worry about missing crucial elements.
• Clear signing instructions: We provide detailed guidance on how to properly sign your will, so you can avoid the mistakes that invalidate many online wills.
• Video examples: To further ensure your will is properly executed, we provide video examples showing exactly where and how to sign, ensuring that all legal requirements are met.

Conclusion

So, is an online will valid in Texas? The short answer is that it can be, but only if it meets all the necessary legal requirements and is signed correctly. Unfortunately, many online will services fall short in providing compliant documents or fail to give adequate instructions for signing. At Texan Wills and Trusts, we provide Texas-specific estate plans that meet all the state’s legal requirements, along with detailed instructions to ensure everything is done right.