Witnesses and Signatures That Hold Up

A will that looks complete can still fail if it was signed or witnessed the wrong way. Texas sets specific requirements for who may make a will and how it must be executed. These answers explain the basics for families in Converse.

What Does Texas Require for a Valid Will?

Under Texas Estates Code sections 251.001 and 251.051, a person of sound mind may make a will if the person is at least 18 years old, is or has been married, or is a member of the armed forces. The will itself must meet three requirements:

• It must be in writing
• It must be signed by the person making it, or by another person in that person’s presence and at that person’s direction.
• It must be attested by two or more credible witnesses who are at least 14 years old and who sign in the person’s presence.

Who Should Serve as a Witness?

The statute sets the age and the credibility standard, and it leaves the choice of people to the one making the will. One approach is to choose adults who are not named in the document, since a witness who benefits from the will can become part of a later dispute.

The witnesses should be present at the signing, not asked to sign afterward from a distance. Their role is to confirm that the signing took place.

Witnesses may be asked to describe the signing years later, so people who are easy to locate make better choices than casual acquaintances. A Converse wills lawyer can help pick witnesses and run the signing in a way that leaves a clear record.

Does Notarizing a Document Make It a Valid Will?

Notarization and witnessing are different steps. The statute requires witnesses, and a notary’s stamp does not replace them. A document that was notarized but never witnessed may still fail the requirements above, which can surprise families who thought the stamp settled the matter.

Can an Online Form Create a Valid Will?

A do-it-yourself online form can leave out the witness step or use wording that does not fit the person’s family or property. Because a will is read after the person who made it can no longer explain it, small drafting gaps can turn into larger disagreements. A Converse wills lawyer can review a form against the statute and the person’s goals before anything is signed.

Where Should the Original Will Be Kept?

The signed original carries more weight than a copy, so it should be stored where the executor can find it. Families may choose one of these places:

• A fireproof box at home that the executor knows how to open
• A safe deposit box, with some thought given to who can enter it after a death
• The office of the attorney who prepared the document

Telling the executor where the original sits saves time later, and it belongs in the same record as the rest of the estate plan. A misplaced original can lead to a request to prove the contents of a copy, which adds delay at an already difficult moment.

What Happens if a Will Is Challenged?

A will that follows the execution rules is harder to attack than one that skips them. Relatives who expected a different result sometimes question how the document was signed, and will contests tend to focus on a few points, including the signing, the witnesses, and the maker’s capacity. Keeping a clear record of the signing makes those questions easier to answer.

Where Does a Will Fit in a Larger Plan?

A will is one piece of an estate plan. A Converse estate planning lawyer can show how it works alongside trusts, beneficiary designations, and powers of attorney. The practice also assists Converse families with small business formation and trust establishment, which helps when one event touches more than one area.

Who Handles Will Questions at the Firm?

The J.M. Dickerson Law Firm is led by its founding attorney, Joseph Michael Dickerson, who has more than 30 years of experience as an attorney and is admitted in Texas and Wyoming. He earned his J.D. from St. Mary’s University School of Law.

Small mistakes in signing and witnessing are easiest to fix before they matter, so Converse residents with a will to draft or review can reach out to the firm to go over the steps.