Understanding Texas Holographic Wills: Examples & Guidelines

In this article, we will explore the concept of holographic wills in Texas, including what they are, their legal validity, and practical examples to help you understand how to create one that meets Texas requirements.
By Jamie

What is a Holographic Will?

A holographic will is a handwritten will that is not witnessed but is still legally binding in certain states, including Texas. To be valid, it must be entirely in the handwriting of the testator (the person making the will) and signed by them.

  • Handwritten: The entire document must be written in the testator’s handwriting.
  • Signature: The document must be signed by the testator.
  • Intent: It must clearly express the testator’s intent to distribute their property upon death.

Example 1: Basic Holographic Will

Here’s a simple example of what a handwritten holographic will in Texas might look like:

October 5, 2023

I, John Smith, being of sound mind, do hereby declare this to be my last will and testament.

I give all my belongings, including my house located at 123 Main St., Austin, TX, to my daughter, Sarah Smith.

I appoint my friend, Mike Johnson, as the executor of my will.

Signed,
John Smith

Example 2: Holographic Will with Specific Bequests

This example includes specific bequests:

December 1, 2023

I, Jane Doe, write this will to express my final wishes.

I give my car, a 2020 Honda Civic, to my brother, Tom Doe.
I give my jewelry collection to my sister, Lisa Doe.

All remaining assets should be divided equally between my three children: Emily, Jake, and Anna.

Signed,
Jane Doe

Important Considerations

  • No Witnesses Required: Unlike traditional wills, holographic wills do not require witnesses in Texas, but it is advisable to have them for potential disputes.
  • Proof of Handwriting: The courts may require proof that the handwriting belongs to the testator. It’s beneficial to have additional documents that can serve as evidence.
  • Storage: Store the holographic will in a safe place where it can be easily found after your death.

Conclusion

Creating a holographic will in Texas can be a straightforward process if you follow the legal requirements and ensure clarity in your intentions. These examples illustrate how you can write your own will effectively, but it’s always wise to consult with a legal professional to ensure your will meets all necessary legal standards.