The Texas Probate Code outlines the law regarding what is needed to make a valid Last Will and Testament. It also covers when the Last Will and Testament takes effect and what one must do in order to pass along property after the person is deceased.
Code says when wills can be revoked or be superceded
It also outlines the circumstances when a Last Will and Testament may be revoked and how a newer Last Will and Testament may completely override and thus make any older versions invalid. However, a codicil or an addendum to a Last Will and Testament may modify the older versions.
The Code lists out the requirements for how, in some circumstances, a written communication left behind that was intended to be the Last Will, may instead be a codicil or addendum to that Will.
A Last Will and Testament may contain instructions about funeral arrangements, a “no-contest” clause which may disqualify individuals that contest the Will, and specific instructions on exactly what is needed and wanted at the funeral. A person may even direct the music they would like played at the funeral in their Will.
Will must be admitted to the court for execution
When someone passes away and they have left behind a Last Will and Testament, it is necessary that the Will be admitted to the court so that the person’s property may ultimately be passed on. There is a procedure for bringing the Will before the court and there are various ways this can be accomplished.
It is necessary that a valid Will be brought forth to the court with the appropriate application, so that the court can then give authorization for the obligations and last wishes of the deceased outlined in the Will to be executed.
Ricardo Barrera with The Barrera Law Firm, PC (956) 428-2822 is experienced in probate law and will offer a free on the phone consultation for those interested.