In Texas, we generally have a couple of considerations that are unique to Texas law. First, Texas allows people to designate an “independent” executor in their Wills. This is the person who is going to take care of settling the estate upon death. By designating them as “independent,” the person creating the Will is going to allow their executor to administer the estate with relative ease and for less cost than might otherwise be required. It is important to note that you must specifically designate someone to be the “independent” executor. If that designation is not made, then the executor is dependent, which will require more work and a greater cost in the probate process.

Additionally, Texas law allows someone creating a Will to attach a “Self-Proving Affidavit” to the will. This affidavit alleviates the need for witnesses to come to Court at the time of the probate to prove up the contents of the Will. It likewise has the witnesses and the person creating the Will attest to the fact that everyone was of sound mind and of the appropriate age at the time the Will was created. By having the affidavit attached, the process involved in recognizing the Will as valid at death becomes much easier and less expensive.

Anytime someone creates a Will, they should consider making provisions for the care of minor children in the Will. Additionally, they should consider various trust options that might allow for the efficient administration of an estate or may provide benefits for children beyond their reaching the age of 18. While some trusts are created separately from the Will, various trust options also exist for creating trusts in the Will, which do not become effective until after the Will’s creator has died.

Some statistics say that over 50% of Texans do not have Wills. The creation of a Will is very simple and it can save a lot of time and expense to friends and family after death. Accordingly, every Texan regardless of age or location should consult with a Texas wills attorney to obtain a Will.

Copyright ©2007, Ford & Mathiason LLP, a Texas Estate Planning and Probate firm. Used with permission.