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What is exempt from probate in Texas?

An estate may be exempt from the probate process in certain circumstances. Under Texas Estates Code, Title 2, Chapter 205, an estate need not pass through the probate process if there is no will and the total value of the estate (not counting any homestead real estate owned by the Decedent) is $75,000 or less.

What is required for a will to be legal in Texas?

In Texas, to execute a valid will, the law requires that the testator (the person for whom the will applies) be at least 18 years old and of sound mind (full mental capacity). Also, the state requires at least two credible witnesses.

What would make a will invalid in Texas?

For a Will to be valid in Texas, the person making the Will (the testator) must have legal capacity, testamentary capacity, and testamentary intent. Additionally, the testator must follow specific formalities.

What voids a will in Texas?

Texas Rule Texas has a statute that says a devise or bequest of property in a will to an attorney or to an heir or employee of the attorney who prepares or supervises the preparation of the will is void.

Is a handwritten will legally binding in Texas?

Texas law recognizes a handwritten will as legally valid. Handwritten wills are known as holographic wills. However, holographic wills increase the odds of a will contest or probate litigation, especially if the handwritten will leaves all or most assets to a single beneficiary at the expense of others.

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