What is the Texas Last Will and Testament?
A Texas Last Will and Testament is a legal document used by individuals to declare who their beneficiaries will be at the time of their passing, and what property they will inherit from the person who created the will (the testator).
Forms like the Last Will and Testament Texas form are very important for the purpose of ensuring that all of a person’s properties are properly distributed, and to help avoid any possible legal issues that may arise from beneficiaries arguing over how to distribute the properties of the testator. The Texas Last Will and Testament Form is also used to declare a personal representative that will act on behalf of the testator when they die and outlines the authority that they are being given as part of their responsibility to act on behalf of the testator.
Who needs to use the Texas Last Will and Testament?
Any person who wishes to create a last will and testament in the state of texas must use the Last Will and Testament Texas State to properly declare their beneficiaries and personal representative(s). Oftentimes this will also entail seeking the help of a legal professional in order to draft the will.
How to fill out the Texas Last Will and Testament?
The Last Will and Testament Texas State Template is a very simple form to fill out. Make sure to download the form in PDF before printing it to ensure that all information entered and the format of the form will remain intact even after being printed or otherwise submitted to the relevant person or entity.
Due to the nature of the Last Will and Testament Template Texas as a legal document, make sure to read each of the terms outlined below carefully before finalizing the form.
Enter the name of the person creating a last will and testament (the testator).
Enter the name of the person creating this last will and testament, and the city and county in Texas where they reside.
Expenses and Taxes
This section declares that the testator directs that all their debts and expenses be paid as soon as possible after their passing and that they are giving their personal representative the authority to settle and discharge any claims made against their estate.
Furthermore, the testator directs that their personal representative will pay any and all estate and inheritance taxes payable by reason of their death out of the estate.
Name of Nominee
Enter the name of the person being nominated as the testator’s personal representative.
Enter the appointed representative’s city, county, and state of residence.
Enter the name of the person who is to be appointed as the testator’s personal representative in the event that the initially nominated one is unavailable.
Secondary Nominee General Information
Enter the secondary nominee’s city, country, and state of residence.
Disposition of Property
This section declares how the property of the testator is to be distributed after their passing. You may use extra sheets of paper as needed for each beneficiary to properly and clearly detail which properties are being distributed to them.
Enter the following information for each beneficiary:
- Full legal name of beneficiary
- Current residential address
- Relationship with testator
- Last four digits of Social Security Number (SSN)
If any of the testator’s declared beneficiaries pre-decease them, any property that they may have received had they not pre-deceased the testator will be distributed in equal shares amongst the remaining beneficiaries.
Any property that cannot be readily sold or distributed may be donated to any charitable organization or organization of the testator’s personal representative’s choice. If the property cannot be sold or donated, the personal representative may dispose of such property in any manner that they deem appropriate, without liability. The personal representative is also authorized to pay for the expense of selling and advertising for the sale, packing, shipping, and delivering of the property as an administration expense.
This section states that any omission from this will is intentional and not the result of an accident unless otherwise stated.
This section states that no bond will be required of any fiduciary, whether or not specifically named in the will. In the event that such a bond is required by law, no surety will be required on such bond.
Discretion by Powers of Personal Representative
This section outlines the discretionary powers provided to the nominated personal representative in addition to any common law or statutory powers. These powers are as follows:
- To retain, for any period that they deem advisable, any property, up to and including any property owned by the testator at their death, and to invest and reinvest in any real or personal property regardless of the extent of diversification of the assets held and whether or not any such investment would be proper for a personal representative.
- To sell and to grant options to purchase all or any part of the estate at any time at public or private sale.
- To lease any real estate for terms and conditions they deem advisable.
- To pay, compromise, settle, or otherwise adjust any claims, including taxes, asserted in favor against the testator, the estate, or the representative.
- To make any separation into shares in whole or in part in kind and at values as determined by the representative themselves.
- To make any such elections under tax laws as their personal representative deems appropriate, including elections with respect to qualified terminable interest property.
- To make any elections permitted under any pension, profit-sharing, employee stock ownership, or other benefit plans.
- To employ others in connection with the administration of the testator’s estate, including legal counsel, investment advisors, brokers, accountants, and agents and to pay reasonable compensation in addition to the compensation due the representative.
- To vote for any shares of stock or other securities in person or by proxy, and to assert or waive any stockholder’s rights or privilege to subscribe for or otherwise acquire additional stock.
- To borrow and pledge any mortgage or any property as collateral and to make secured or unsecured loans. Specifically, the representative is authorized to make loans without interest to any beneficiary declared in the will, and no individual or entity loaning property to the personal representative or a trustee will be held to see the application of such property.
- The personal representative will also be able to, in their absolute discretion, determine the allocation of any GST exemption available to the testator at their death, to any property under the will or otherwise.
This section declares that should any beneficiary under this will or any other trust mentioned here contest or attack this will or any of its provisions, any share or interest in the testator’s estate given to that beneficiary under this will be revoked and disposed of in the same manner provided herein as if that contesting beneficiary had predeceased the testator.
Guardian Ad Litem Not Required
This section declares that the representation by a guardian ad litem of the interests of persons unborn, unascertained, or legally incompetent to act in proceedings be dispensed with to the extent permitted by law.
This section states that whenever the context permits, the term “personal representative” will include both “executor” and “administrator”, and that the use of any particular gender will include any other gender. References to the singular or plural will be considered interchangeable.
This section declares that the interest of any beneficiary in this will be considered unalienable, unassignable, unattachable, and untransferable, nor can it be paid by way of anticipation nor in compliance with any order, assignment, or covenant and will not be applied to, or held liable for, any of their debts or obligations either in law or equity and shall not in any event pass to his, her, or their assignee. They will also not be subject to the interference or control of creditors, spouses, or others.
This section states that this will is governed by the laws of the state of Texas.
This section declares that any decision made by the personal representative with respect to any discretionary power will be considered final and binding on all persons interested.
Name of testator
Enter the name of the testator.
Date of Execution
Enter the date when the will was made or altered.
Signature and Name of Testator
Have the testator sign the form in the space provided and write their full legal name.
Date of Witness
Enter the day, month, and year when the creation of the will by the testator was witnessed.
Signature and Address of Witnesses
Have the witnesses sign the form in the space provided, and enter their current residential address.
Enter the state where the affidavit is being filed.
Enter where county where the affidavit is being filed.
Name of Testator
Enter the name of the testator.
Name of Witnesses
Enter the name of the witnesses.
Have the testator sign the form in the space provided.
Have the witnesses sign the form in the space provided.
Enter the date when the affidavit was signed.
Tips when filling out a Texas Last Will and Testament
The Texas Last Will and Testament PDF is a very simple form to fill out. However, as it is a legal document, it is important to make sure that all information entered in the form is not only correct and updated but also that the testator is fully aware of and consents to the terms they enter in the will.
Seek legal advice. It is common for testators to consult a legal professional in order to properly structure their will and to ensure that all terms and conditions they set are fair and logical.
Practice good contract management. Create a copy of the filled and signed will and keep it in a safe and organized area. This will be useful for any possible legal purposes in the future, or simply as a backup in the event that something should happen to the original copy or copies.