When a loved one passes away, they may have specific wishes for how their estate is to be distributed. As such, they may leave behind a will that has this information. However, sometimes they may write it out by hand or typed. In that case, is a typed will valid in Texas?
The Zaruba v. Schumaker, No. 178 S.W.2d 542 (Tex. Civ. App. — Galveston 1944) case examines the validity of typed wills and the specific requirements to execute a legally binding typed will in Texas.
Facts & Procedural History
A husband and his wife passed away on the same day. Some of the wife’s property was then included in her husband’s estate, and their daughter was appointed as the administrator. Not long after, the wife’s mother would end up filing a claim against the estates, where she claimed that she was owed damages. After settlement, she was to receive a quitclaim deed from the estate’s heirs to an undivided interest in a tract of land, a refrigerator, and $100 cash.
However, a bit later, the mother found her daughter’s alleged will and gave it to her attorney but did not inform the appellant’s attorney. The will was typed and signed by the mother, and contained the signatures of two witnesses. In it, the deceased wife left her estate to her mother. Thus, she entered the will into probate.
What is a Will?
A will is a legal document that communicates a person’s wishes regarding how their estate – like property, investments, and personal belongings – should be distributed after their death. The creator of a will is called the testator.
For a will to be legally effective, it must comply with the will execution laws of the state where the testator lives. The validity of a typed will in Texas depends on it meeting certain statutory requirements.
In regards to the probate process, there is a timeframe of four years to admit a will into probate.
As it relates to the case, the mother of the deceased wife probated the found will within the four year timespan to enter it to probate.
Requirements for a Valid Will
Under the Texas Estates Code, a will must meet several baseline requirements to be considered legally valid:
- It must be in writing – typed or handwritten
- The testator must sign the will
- The will must be attested by two credible witnesses who also sign the document
As long as these mandates are satisfied, a typed will carries the same legal weight as a handwritten will in Texas.
Executing a Typed Will in Texas
When creating a typed will in Texas, the following steps should be taken:
- Type out the will, providing identifying information and clearly stating wishes for property distribution after death.
- Identifying information includes the testator’s full name, address, date of birth, social security number, and the names and addresses of their beneficiaries
- Print out the typed will to be executed.
- Sign the typed will in front of two adult witnesses who are neither beneficiaries nor intestate heirs.
- Have both witnesses sign the will in the testator’s presence after the testator signs it.
- Notarize the typed will
- Store the executed typed will safely and provide copies to beneficiaries/executors.
Proper execution protects against potential legal challenges and helps ensure wishes are carried out.
Benefits of a Typed Will
There are several advantages to creating a typed will rather than a handwritten will:
- Provides clarity of wishes and instructions in typed format to avoid ambiguity
- Looks more formal and professional, avoiding contests claiming a handwritten will seems suspicious
- Easier to revise or update by editing the typed document rather than writing a new handwritten will
- Allows inclusion of complex legal provisions with precision difficult in handwriting
- A typed document better withstands the test of time and fading ink
Potential Drawbacks of Typed Wills
A few downsides of typed wills to consider include:
- Must be printed out and properly executed to be legally binding
- May be harder for testator to manually update if changes are needed
- Could be challenged as not matching testator’s handwriting or signature
- Testator should store document safely and communicate its location to executors
- Lacks the uniqueness of an entirely handwritten will
On balance, the benefits will often outweigh the drawbacks, especially when executed properly under Texas law.
The Takeaway
In the state of Texas, typed wills are fully enforceable when executed according to statutory requirements. As the Zaruba v. Schumaker case shows, meeting signature, witness and writing mandates allows testators to utilize typed wills to clearly express their wishes and avoid potential interpretation issues. With proper drafting and execution, Texas testators can confidently implement typed wills to provide for an orderly estate administration.
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Disclaimer
The content of this website is for informational purposes only and should not be construed as legal advice. The information presented may not apply to your situation and should not be acted upon without consulting a qualified probate attorney. We encourage you to seek the advice of a competent attorney with any legal questions you may have.
