Wills and Estates Flashcards

What are the requirements for a valid holographic will in Texas?

Answer: Entirely in the testator's handwriting and signed by the testator

Texas Estates Code allows holographic wills that are entirely written in the testator's handwriting and signed by them. No witnesses are required.

Under Texas law, what happens to a person's property if they die without a will (intestate) and are survived by a spouse and children from that marriage?

Answer: The spouse inherits all community property and one-third of separate personal property

When all children are also children of the surviving spouse, the spouse inherits all community property, one-third of separate personal property, and a life estate in one-third of separate real property.

How many witnesses are required for a valid attested (formal) will in Texas?

Answer: Two credible witnesses who are at least 14 years old

Texas requires two credible witnesses who are at least 14 years old to attest to the execution of a formal will.

What is the time limit for probating a will in Texas after the testator's death?

Answer: Four years

Texas Estates Code requires a will to be presented for probate within four years of the testator's death. After that, the will generally cannot be admitted to probate.

In Texas, what is an 'independent administration' of an estate?

Answer: Administration with minimal court supervision after initial appointment

Independent administration allows the executor to manage the estate with minimal ongoing court oversight, reducing costs and delays. It can be established by will provisions or heir agreement.

Under Texas law, can a spouse be completely disinherited by will?

Answer: The spouse retains rights to community property and homestead regardless of the will

A Texas spouse cannot be completely disinherited because they retain their community property share and homestead rights, which a will cannot override.