TX Bar Wills and Estates 1 — Questions and Answers
Question 1: What are the requirements for a valid holographic will in Texas?
- Entirely in the testator's handwriting and signed by the testator (Correct answer)
- Handwritten and witnessed by two people
- Typed and notarized
- Handwritten, signed, and filed with the county clerk
Correct 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.
Question 2: 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?
- The spouse inherits all community property and one-third of separate personal property (Correct answer)
- The spouse inherits everything
- The children inherit everything
- The property escheats to the state
Correct 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.
Question 3: How many witnesses are required for a valid attested (formal) will in Texas?
- Two credible witnesses who are at least 14 years old (Correct answer)
- Three adult witnesses
- One notary public
- No witnesses if the will is typed
Correct 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.
Question 4: What is the time limit for probating a will in Texas after the testator's death?
- Four years (Correct answer)
- One year
- Two years
- No time limit
Correct 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.
Question 5: In Texas, what is an 'independent administration' of an estate?
- Administration with minimal court supervision after initial appointment (Correct answer)
- Administration handled entirely by the court
- Administration by a corporate trustee
- Administration that does not require a will
Correct 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.
Question 6: Under Texas law, can a spouse be completely disinherited by will?
- The spouse retains rights to community property and homestead regardless of the will (Correct answer)
- Yes, a will can completely disinherit a spouse
- No, the spouse always inherits at least 50% of the estate
- Only if the spouse agrees in writing
Correct 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.
TX Bar Wills and Estates 1
What are the requirements for a valid holographic will in Texas?