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In Texas, wills must be executed with proper formalities. If it is not executed with those formalities, the will will not be admitted to probate and the deceased's property will go to his heirs through the law of descent and distribution. In other words, the deceased will die intestate (without a will.)

Proper execution generally requires that:

1. The will be in writing;
2. Signed by the testator;
3. It must be signed with testamentary intent;
4. The testator must know and understand the contents of the document; and
5. If not wholly in the handwriting of the testator, be witnessed by two witnesses who sign the will in the presence of the testator.

If you have questions about your inheritance rights and would like to talk to an estate planning attorney or a lawyer who is familiar with inheritance and probate law to advise you about your inheritance rights, click on the "Contact Us" tab at the top.

For a discussion on what order the parties must sign the will, click here.

Note: In a 2009 case, a husband and wife signed a joint will, there was only one witness. The appeals court allowed the husband's will to be probated by ruling that the wife's signature on the will plus the signature of the one witness satisfied the requirement that there be two witnesses. 346 S.W.3d 1.