Definition of a Houston legal will

A will is a document used for the administration and distribution of an estate upon the death of an individual.

In Houston, a legal will is defined by the Probate Code of the Texas Constitution and Statutes, Chapter 1, Section 3 as a testamentary instrument. It serves several purposes including appointing an “independent” executor or guardian over an estate.

In Houston, wills are also used to direct how property may not be disposed of or revoke another will.

The goal of drawing a  legal will in Houston is to communicate the wishes of a decedent to the heirs and to the state as to how the estate is to be distributed upon death.

Will law in Houston

The State of Texas recognizes three types of wills.  The first type of will is an oral will, also referred to as nuncupative or a death bed will.  This is a spoken will with no written documentation.  The second type of will is referred to as a formal or attested will.

It is typewritten, not completely in the deceased’s handwriting, and witnessed by two or more witnesses.

The third type of will is a holographic or handwritten will by the decedent.  Also specific to wills law in Houston is the assignment of an “independent” executor.  An independent executor can serve without the necessity of a bond and can administrate the estate without the approval of the court.

If an executor is not assigned as independent, they are considered dependent which requires more work and cost during the probate process.

Experienced Houston wills attorney

Preparing a legal will requires planning ahead. Houston wills lawyer, Jeannine C. Flynn, helps clients determine if they need a simple will, living will, or a living trust as part of their will.  She is able to help clients declare in writing how their property and affairs are to be distributed after their death and protect the assets of the estate allowing property to be transferred quickly while avoiding tax burdens in accordance with Texas law.  She can also help with will litigation in Houston if a will is being contested or disputed.  If you need assistance with a legal will in Houston, contact Jeannine C. Flynn, Attorney at Law.