![]() The surviving spouse will take all the community property and the land. If the deceased was married with children, then the surviving spouse will get a third of the personal property while the children take two thirds of the personal property. Separate property is property acquired by the deceased prior to their marriage and community property is property acquired while the deceased was married. If a person dies without a Will, a distinction will be made for your separate property and your community property. Statutory Formula For Distributing Wealth State Of Texas Will Requirements If your Will does not meet all these requirements, your property will be distributed according to a statutory formula and not according to your wishes. Your will also has testamentary capacity, which means that you comprehend the extent and nature of your property when you are making the Will, and you understand your next of kin and the natural objects of their bounty ( your relatives and loved ones). In other words you need to be aware that you are making a Will and what the effect of that Will is going to be. Testamentary capacity simply means that you must be of “sound mind” when you are creating a Will for it to be valid. This means that you as the Will’s creator must be 18 years of age or older, you are or have been married, or you are a member of the armed forces of the United States. Legal Capacity, Testamentary Capacity, And Testamentary Intent Texas Valid Will RequirementsĪ Will has to have legal capacity for it to be valid. This Will does not have to be signed by witnesses but must be signed by the testator.
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