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Are digital or holographic wills valid in Texas?

On Behalf of | Oct 23, 2024 | Wills |

As technology has advanced, so have the options for estate planning. People may find themselves considering using a digital estate plan instead of drafting physical documents. They may even try to prepare and execute the documents without support.

Downloading paperwork from the internet is one way that people might try to bypass some of the expense and stress involved in traditional estate planning. Another tactic people sometimes use involves creating a holographic will. They can complete this process at home in many cases. Those thinking about the protection of their loved ones and their legacy after their death may wonder if a holographic will or a digital estate plan could be a viable option.

Do the Texas probate courts recognize digital documents or holographic wills?

Holographic wills are sometimes valid

Texas has probate statutes that explicitly address holographic wills. A holographic will is a handwritten document written out in long form by the testator. The document must be entirely in the testator’s handwriting and must feature their signature, as well as the signature of two witnesses to be valid.

Holographic wills are theoretically legal but are vulnerable to contestation, as interested parties could challenge the validity of the document by questioning whether it is actually in the handwriting of the testator. There’s also the risk of a testator including illegal provisions that could make their will unenforceable in probate court.

Electronic or digital wills are not enforceable

Digital documents might require just a few hours for someone to complete on their own behalf. People can find templates for free online, but those documents may give them a false sense of security.

For the Texas probate courts to recognize the validity of a testamentary instrument, it must be a physical document. Electronic or digital documents do not meet that necessary standard and are therefore not valid under current Texas probate statutes. Not only do they lack a physical form, but they likely do not have witness signatures.

The best way to ensure that a will and other estate planning documents are valid and enforceable is to create them the old-fashioned way with the support of someone familiar with Texas probate laws. Drafting documents is an important step, but people need to ensure that their estate planning paperwork complies with state law to actually enforce their testamentary wishes.

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