Frequently Asked Questions About Wills

Can I use a computer or online program to prepare a Will?

You can but this should be done with extreme caution. If the will does not dispose of all of your property, have appropriate language for an independent administration, or include a self proving affidavit, you could actually increase the cost of probating your estate. Other problems could arise from using a software program as well.

If I have a Will from another state, will that work?

Since all wills are based entirely on state law you should have an out of state will reviewed by an attorney. The will may be effective in Texas but not provide for an independent administration or have a self proving affidavit. These features make the probate process in Texas quicker and easier. Furthermore, when you are moving from a non-community property state your will may not address what is to be done with the community property you have acquired in Texas.

Can I hand-write my Will?

Yes, you can hand-write your will. It must be all in your handwriting, dated and signed. This is certainly preferable to no will but may not address all the issues necessary to smoothly probate your estate.

How often do I need to change my Will?

You should review your will every 3-5 years or when there is a major life change. Major life changes such as births, deaths, marriages and divorces may result in a desire to change the terms of your will. After reviewing the will if all the terms are still an accurate reflection of your desires and no on named in the will has passed away then there is no need to make a change.