Is a Will Written in Spanish Valid in Texas?

Estate planning is essential for ensuring your wishes are honored after you pass, but if you primarily speak Spanish, you may wonder whether a will written in Spanish is valid in Texas. The short answer is yes, but with important legal considerations. While Texas law does not require wills to be in English, probate courts only operate in English, meaning additional steps are needed for a Spanish-language will to be accepted.

At Texan Wills and Trusts, we offer a better solution: providing Spanish-language documents for understanding while ensuring the signed legal documents are in English to avoid probate delays and translation disputes.

Texas Requirements for a Valid Will

Under Texas law, a will must meet the following criteria to be legally valid:

1. Legal Capacity- The testator (person making the will) must be at least 18 years old, married, or serving in the U.S. military.

2. Sound Mind- The testator must understand the consequences of making a will.

3. In Writing- The will must be written, either typed or handwritten.

4. Signed by the Testator- The testator must sign the will (or have someone sign on their behalf at their direction).

5. Properly Witnessed- If the will is typed, two credible witnesses over the age of 14 must sign it.

While Texas law does not require wills to be in English, probate courts require an English version to process an estate. If a will is written in Spanish, it must be translated by a certified translator before the court will accept it.

Challenges of Using a Will Written in Spanish

While a Spanish-language will may be legally valid, relying on one comes with potential complications:

Translation Delays- Courts require an official English translation, which can slow down probate.

Added Costs- Hiring a certified translator increases probate expenses.

Interpretation Disputes- If a key term is mistranslated or has no exact English equivalent, legal disputes may arise.

Judicial Uncertainty- Judges unfamiliar with Spanish legal terminology may misinterpret the testator’s intentions.

These issues can create unnecessary obstacles for your loved ones at an already difficult time.

The Best Approach: Signing an English Will with a Spanish Reference Copy

To ensure clarity while making the process easier for your family, Texan Wills and Trusts provides Spanish versions of estate planning documents for reference while ensuring the official, signed will is in English.

Benefits of This Approach:

Ensures Probate Efficiency- Courts immediately accept the English version without requiring translations.

Eliminates Translation Costs- No need for certified translations during probate.

Provides Clear Understanding- Spanish-speaking individuals can fully understand their estate plan before signing.

Prevents Legal Disputes- The signed English version avoids conflicting interpretations.

By following this process, you can be confident that your loved ones will have a smooth probate experience while fully understanding your estate planning decisions.

Start Your Estate Plan Today

If Spanish is your primary language, estate planning should still be simple and stress-free. With Texan Wills and Trusts, you can:

Review your estate plan in Spanish for clarity.

Sign an English version to avoid probate delays.

Get peace of mind knowing your wishes will be honored without complications.