Understanding the Steps Involved in Drafting a Will in Texas

August 31, 2023

Drafting a will is an incredibly important task that every person must consider at some point in their life. Creating a will ensures that your loved ones are taken care of in the event of your passing, and it provides peace of mind knowing that your wishes will be carried out as you intended. However, the process of drafting a will can be complex and confusing, which is why many people avoid it altogether. This blog post will take a comprehensive look at the steps involved in drafting a will in Texas and provide a guide to help you protect your loved ones and your legacy.



1. Determine Your Assets and Beneficiaries

Before you begin drafting your will, you should make an inventory of all your assets and list down the people who you want to inherit them. This typically includes your personal property, real estate, bank accounts, stocks, and other investments. Identifying your beneficiaries not only allows you to determine your estate’s value, but it also helps you decide how to allocate your assets.


2. Select an Executor

An executor is an individual who will be responsible for the administration of your estate after your passing. The executor will be in charge of locating and distributing your assets according to your wishes, paying off any debts, and filing any tax returns. This is a critical role, so make sure that you select someone who is trustworthy and responsible. It’s common for people to choose a family member or a close friend as their executor, but it’s also possible to hire a professional executor such as a trust company or an attorney if you don’t have someone in mind.


3. Hire an Attorney

While it’s technically possible to draft a will on your own, seeking the help of an attorney ensures that your will is legally binding and protects your assets. A lawyer will also help you by ensuring your will's proper execution by ensuring every necessary provision is included to distribute your assets to your beneficiaries as you intended.


4. Draft and Finalize Your Will

The will drafting process typically involves listing your beneficiaries, outlining your wishes for your assets, and incorporating any special provisions and conditions. You will review your attorney's proposal and make any necessary changes, then have it executed by you before a notary public of Texas and according to specific legal requirements. A will, to be legally binding, must have two (2) witnesses to sign in your presence.

5. Keep Your Will Up to Date

After drafting and finalizing your will, it’s important to keep it current. Keeping your will up to date ensures your wishes stay relevant to your current assets and relationships. If and when you make changes is up to you, It is totally okay to modify your will anytime as long as you do it according to the right legal procedures. Be sure to store your will in a safe and secure location.


Drafting a will can seem intimidating, but it’s a critical task to fulfilling the wishes of its maker. This guide should help you understand the steps involved in drafting a will, so you can secure your assets and protect your loved ones. Remember, when drafting your will, consider your assets and beneficiaries, select an executor, seek the help of an attorney, draft and finalize your will, and keep it up to date. By following these steps, you can be confident that your legacy is preserved.


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