TX Bar Wills and Estates

Question 1

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

Accepted Answer

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

Answer

Handwritten and witnessed by two people

Answer

Typed and notarized

Answer

Handwritten, signed, and filed with the county clerk

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?

Accepted Answer

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

Answer

The spouse inherits everything

Answer

The children inherit everything

Answer

The property escheats to the state

Question 3

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

Accepted Answer

Two credible witnesses who are at least 14 years old

Answer

Three adult witnesses

Answer

One notary public

Answer

No witnesses if the will is typed

Question 4

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

Accepted Answer

Four years

Answer

One year

Answer

Two years

Answer

No time limit

Question 5

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

Accepted Answer

Administration with minimal court supervision after initial appointment

Answer

Administration handled entirely by the court

Answer

Administration by a corporate trustee

Answer

Administration that does not require a will

Question 6

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

Accepted Answer

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

Answer

Yes, a will can completely disinherit a spouse

Answer

No, the spouse always inherits at least 50% of the estate

Answer

Only if the spouse agrees in writing