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Last Will and Testament

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Texas Will Instructions / Last Will and Testament

TEXAS WILL INSTRUCTIONS
Married with Adult Children from Prior Marriage

1. This Will is designed to be completed on your computer. To do so, use your mouse and click on each field which will be highlighted in gray. This will replace the gray with the words you type.

Example: [1] will become JOHN DOE.

2. The Will contains Articles which cover various matters. The information below is designed to assist you in completing the fields contained in the articles of the Will.

ARTICLE / FIELD COMPLETION INSTRUCTIONS

Field [1] - Your name.

Field [2] - Your name.

Field [3] - Your County of Residence.

ARTICLE ONE

Field [4] - Type the name of your spouse.

Fields [5] – [10] Type the name(s) and birth date(s) of all children.

ARTICLE THREE

This article is for you to specify specific property to go to a specific person. If you do not leave any, type none and delete the fields.

Field [11] - Type name.

Field [12] - Type street address.

Field [13] - Additional Address line.

Field [14] - City, State, Zip.

Field [15] - Relationship.

Field [16] - Describe the property to go to this person.

Field [17] - Type name.

Field [18] - Type street address.

Field [19] - Additional Address line.

Field [20] - City, State, Zip.

Field [21] - Relationship.

Field [22] - Describe the property.

Field [23] - Type name.

Field [24] - Type street address.

Field [25] - Additional Address line.

Field [26] - City, State, Zip.

Field [27] - Relationship.

Field [28] - Describe the property.

ARTICLE FOUR

This article is for you to leave your homestead, if you have one on the date of death to persons designated. Check the appropriate box to indicate your selection.

Field [29] - Type name your spouse if this option chosen.

Field [30] - Type name(s) of child(ren) if this option chosen.

Fields [30] – [31] Omitted

ARTICLE FIVE

This article is for you to leave all the rest and remainder of your property except your homestead and any special items you listed in Article Three. Check the appropriate box to indicate your selection.

Field [33] - Type name(s) of children to receive all other property if this option chosen.

Fields [34] – [35] Omitted

Field [36] - Type name of spouse if this option chosen.

ARTICLE SIX

This article is to provide an alternate distribution of the rest and remainder of your property should your spouse predecease you and the provisions for distribution contained in Article Five cannot be carried out. Check the appropriate box to indicate your selection.

Field [37] Type name of children if this option is chosen.

Field [38] – [39] Omitted

ARTICLE SEVEN

This article is for you to name your personal representative. This must be an adult and can be the person with whom you live.

Field [40] Type name of Personal Representative.

Field [41] Type name of successor Personal Representative.

ARTICLE TEN

This article provides instructions relating to the interpretation of your will.

Field [42] Type the name of your spouse.

ARTICLE ELEVEN

All parts of Article 11 are optional. Complete as desired. Be sure to write your initials for any of these items you desire to apply.

Field [43] - Type name of Cemetery.

Field [44] - Type County.

Field [45] - Type State.

All other blanks in the Will are typically completed by hand, such as the names of the witnesses, day, month and year executed, etc.

Once you have completed the Will, double-check all entries and then print. The Will should be signed by you in front of two witnesses, not related to you, and a notary. Please sign the Will in the places designated.

You should keep your Will in a safe place once executed. It is also recommended that you give a copy to your executor or other person as additional proof of execution.

LAST WILL AND TESTAMENT OF

___________________________________ [1]

BE IT KNOWN THIS DAY THAT,

I, , of County, Texas, being of legal age and of sound and disposing mind and memory, and not acting under duress, menace, fraud, or undue influence of any person, do make, declare and publish this to be my Will and hereby revoke any Will or Codicil I may have made.

ARTICLE ONE

Marriage and Children

I am married to and have the following adult children from a prior marriage:

Name: Date of Birth:

Name: Date of Birth:

Name: Date of Birth:

ARTICLE TWO

Debts and Expenses

I direct my Personal Representative to pay all costs and expenses of my last illness and funeral expenses. I further direct my Personal Representative to pay all of my just debts that may be probated, registered and allowed against my estate.

ARTICLE THREE

Specific Bequests of Real and/or Personal Property

I will, give and bequeath unto the persons named below, if he or she survives me, the Property described below:

Name Address Relationship

Address Line 2

City, State, Zip

Property:

Name Address Relationship

Address Line 2

City, State, Zip

Property:

Name Address Relationship

Address Line 2

City, State, Zip

Property:

[LIST OR STATE NO PROPERTY LEFT UNDER THIS ARTICLE]

ARTICLE FOUR

Homestead or Primary Residence

I will, devise and bequeath all my interest in my homestead or primary residence, if I own a homestead or primary residence on the date of my death that passes through this Will, to my spouse, , if he or she survives me. If he or she does not survive me, then my homestead or primary residence shall pass under the residuary clause of this Will.

OR

I will, devise and bequeath all my interest in my homestead or primary residence, if I own a homestead or primary residence on the date of my death that passes through this Will, to my child(ren), . If I have and name more than one child, they are to receive the property, equally, per stirpes.

ARTICLE FIVE

All Remaining Property – Residuary Clause

My children, . If I have and name more than one child, they are to receive the property, equally, per stirpes.

OR

My spouse named .

ARTICLE SIX

Contingent - All Remaining Property – Residuary Clause

Not applicable because I named my children in article Five.

OR

In the event that my spouse shall predecease me, I will, devise, bequeath and give all the rest and remainder of my property and estate of every kind and character, including, but not limited to, real and personal property in which I may have an interest at the date of my death and which is not otherwise effectively disposed of, to my children . If I have and name more than one child, they are to receive the property, equally, per stirpes.

ARTICLE SEVEN

Appointment of Personal Representative, Executor or Executrix

I hereby appoint , as Personal Representative of my estate and this Will.

In the event my Personal Representative shall predecease me, or, for any reason, shall fail to qualify or cease to act as my Personal Representative, then I hereby appoint to serve as successor Personal Representative of my estate and Will.

ARTICLE EIGHT

Waiver of Bond, Inventory, Accounting, Reporting and Approval

My Personal Representative and successor Personal Representative shall serve without any bond, and I hereby waive the necessity of preparing or filing any inventory, accounting, appraisal, reporting, approvals or final appraisement of my estate.

ARTICLE NINE

Powers of Personal Representative, Executor and Executrix

I direct that my Personal Representative shall have broad discretion in the administration of my Estate, without the necessity of Court approval. I grant unto my Personal Representative all powers allowed by the laws of the State of Texas.

ARTICLE TEN

Construction Intentions

It is my intent that this Will be interpreted according to the following provisions:

5. In the event that my spouse, , and I die under circumstances where it is difficult to determine who died first, I direct that I be deemed to have survived her/him and the terms of my Will shall take precedence over any Will or Codicil that he/she may have made.

ARTICLE ELEVEN

Misc. Provisions

I direct that this Will and the construction thereof shall be governed by the Laws of the State of Texas.

If any person named herein is indebted to me at the time of my death and such indebtedness be evidenced by a valid Promissory Note payable to me, then such person’s portion of my estate shall be diminished by the amount of such debt.

Any and all debts of my estate shall first be paid from my residuary estate. Any debts on any real property left herein shall be assumed by the person to receive such real property and not paid by my Personal Representative.

I desire to be buried in the cemetery in County, .

I direct that my remains be cremated and that the ashes be disposed of according to the wishes of my Executor.

I, , having signed this Will in the presence of and who attested it at my request on this the day of , 20 at , declare this to be my Last Will and Testament.

Testator/Testatrix

Typed Name:

Witness 1 Signature

Print Name:

Witness 2 Signature

Print Name:

Address:

Commission Expires:

Texas Self-Proving Affidavit

THE STATE OF TEXAS

COUNTY OF

BEFORE ME, the undersigned authority, on this day personally appeared , and , known to me to be the Testator/Testatrix and Witnesses, respectively.

Testator/Testatrix

Witness

Witness

SUBSCRIBED AND ACKNOWLEDGED before me by the said , Testator/Testatrix and subscribed and sworn to before me by the said and , Witnesses, this day of , 20.

Notary Public, State of Texas

Print Name:

Commission Expires:

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What a Last Will and Testament Is and why it matters

A Last Will and Testament is a legal document in which an individual (the testator) declares how their property, personal effects, and legal duties should be handled after death. It typically names an executor to administer the estate, identifies beneficiaries, and can include guardianship designations for minor children. While electronic signatures and records are broadly recognized under federal ESIGN (15 U.S.C. ch. 96) and UETA frameworks, many states and probate courts maintain formal witness and notarization requirements for wills; some states also recognize holographic or self-proved wills under state probate law.

Why having a clear Last Will and Testament helps

A properly prepared will clarifies distribution of assets, reduces family disputes, names an executor and guardians, and streamlines probate administration when followed. Where lawful formalities are met, a will is the primary instrument for directing post-mortem transfers and settling final affairs.

Why having a clear Last Will and Testament helps

Who commonly creates and relies on a Last Will and Testament

Typical creators and beneficiaries include adults with assets, parents of minor children, owners of real estate or business interests, and anyone wishing to control post-death distribution of property.

  • Individual testators planning distribution, guardianship, or specific bequests
  • Estate attorneys preparing formal wills or advising on probate strategy
  • Executors and personal representatives administering estate assets

Executors, probate courts, beneficiaries, and estate attorneys depend on a valid will to determine rights and duties during estate settlement.

Step-by-step: Completing a Last Will and Testament

Follow these steps to create a will that reflects your wishes and meets common legal formalities.

  • 01
    Gather information: List assets, beneficiaries, and executor details.
  • 02
    Draft the will: Use clear language to state gifts and residuary estate.
  • 03
    Execute with formalities: Sign with required witnesses and notarization if state law requires.
  • 04
    Store originals: Keep the original in a secure, accessible location for the executor.

How to prepare and customize the document online

When using an e-signature workflow, configure fields and authentication to match your state’s execution requirements and reduce later challenges.

Field Configuration
Signature Block Require signer signature and date fields
Witness Fields Add two witness signature/date fields where required
Notary Block Include notary acknowledgement and date fields
Document Lock Enable tamper-evident PDF output after signing

Digital signing considerations for estate documents

Confirm that your chosen e-signature workflow supports required authentication, witness/attestation fields, and tamper-evident output before executing a will online.

  • Authentication: Email or SMS verification
  • Audit Trail: IP, timestamp, action log
  • Document Formats: PDF/A export supported

Typical routing and filing flow for a Last Will and Testament

A clear routing sequence reduces execution errors: prepare, sign, witness, notarize (if required), then store the original and provide copies to relevant parties.

  • Prepare Document: Draft will and review for clarity
  • Sign & Witness: Execute with required witnesses present
  • Notarize (if applicable): Complete notary acknowledgement or self-proving affidavit
  • Store Original: Secure original with executor or in trust company

Key timing points to consider around a will

Timelines for wills relate to execution, revocation, probate filing, and tax reporting deadlines; some are set by statute, others by practical estate-administration needs.

Execution date importance:

Newest valid will typically controls upon proper execution

Probate filing:

File with probate court promptly after death; timing varies by state

Tax filings:

Estate tax returns may be due within nine months of death

Revocation by later will:

A later properly executed will can revoke earlier ones

Record retention:

Keep the original indefinitely or per state rules

Milestones during estate administration

Executors typically follow a sequence of steps from locating the will to final distribution; each stage has procedural and timing considerations.

01

Locate Original

Find and secure the testament immediately after death

02

Submit to Probate

File will with probate court to open the estate

03

Notice to Creditors

Publish or mail creditor notices per jurisdiction rules

04

Final Distribution

Pay debts and distribute remaining assets to beneficiaries

Common pitfalls when preparing a Last Will and Testament

  • Using informal language or ambiguous descriptions of property can lead to probate disputes and inconsistent distributions among beneficiaries.
  • Failing to include alternate executors or guardians creates delays if the primary choice predeceases or declines the role.
  • Mismatched or incomplete names, addresses, or beneficiary identifiers can trigger court challenges and slow administration.
  • Not following state execution formalities—number of witnesses, notarization, or handwriting requirements—can render a will void or contested.

Consequences of an improperly executed will

Invalid instrument: Will may be declared invalid
Intestacy: State law governs distribution if no valid will
Probate delays: Administration timelines extended
Contested estate: Increased litigation risk
Tax exposure: Potential estate or income tax consequences
Creditor claims: Unpaid debts may deplete estate assets

Security and compliance elements to protect testamentary documents

Encryption: TLS 1.2/1.3, AES-256
Access Controls: Role-based permissions
Audit Trail: Timestamps and IP logs
Notary Records: Retain acknowledgment copies
Witness Affidavits: Signed witness statements
HIPAA BAA: Required if health data included

Real-world scenarios: common Last Will and Testament use cases

Practical examples show why precise language and proper execution are important for different testator situations.

Estate Planning Attorney

An attorney prepares a will for a client with multiple properties and minor children

  • Attorney includes guardians and alternates
  • The attorney attaches a self-proving affidavit and instructs the client on where to store the original for seamless probate access.

Individual with Simple Estate

A testator with modest assets drafts a straightforward will to name beneficiaries and an executor

  • Chooses a trusted friend as executor
  • The testator signs in front of two witnesses and provides the original to the executor to reduce executor search time after death.

eSignature pricing and capability snapshot for Last Will and Testament workflows

Compare basic pricing and common capabilities for eSignature platforms used when digitizing execution or supporting document workflows; signNow is listed first per vendor order rules.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies by plan Varies by plan Varies by plan Varies by plan
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Frequently asked questions about Last Will and Testament execution

Answers address common execution, validity, and post-death administration concerns for wills; consult local counsel for state-specific guidance.


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