Planning your estate is essential to ensuring that your assets are distributed according to your wishes and your loved ones are cared for after you pass away. In Texas, the laws surrounding wills and estate planning are specific, and attempting to create a holographic will — a handwritten will that some states recognize — can lead to serious complications. While holographic wills are legal in Texas under certain conditions, relying on this type of will can create unnecessary challenges for you and your family. Here’s why Texas residents should avoid holographic wills and consider more reliable estate planning options as shared by a Katy, TX estate planning lawyer who has been with our firm since its founding in 2021.
What Is A Holographic Will?
In Texas, a holographic will is a will that is entirely written in your handwriting and signed by you. Unlike formal wills, it does not require witnesses to be valid. While this may seem like a simple and cost-effective way to document your wishes, the risks associated with a holographic will often outweigh any perceived convenience.
Texas Laws On Holographic Wills
Texas does allow holographic wills, but they must meet strict requirements to be considered valid. For example:
- The will must be entirely in your handwriting.
- It must be clear that the document is intended to serve as your will.
- The document must include your signature.
Even if these conditions are met, the lack of witnesses can create challenges. Without witnesses, proving the validity of the will during probate can be more difficult, especially if someone contests it. In Texas, courts take these challenges seriously, and a contested will can delay the probate process significantly which is why estate planning is a great asset that can secure your privacy and assets.
The Risks Of Holographic Wills For Texas Families
Disputes Among Family Members
One of the most common issues with holographic wills in Texas is that they are more likely to be contested. Family members may claim that the will was forged, written under duress, or does not represent your true intentions. Without witnesses to testify to the will’s authenticity, these claims can lead to long, expensive legal battles. Such disputes often create lasting divisions among family members and drain the resources of your estate.
Errors And Oversights
When creating a holographic will, you’re doing so without legal guidance. This makes it easy to leave out important details, such as naming an executor to manage your estate, clearly specifying who should receive your assets, or addressing contingencies like what happens if a beneficiary predeceases you. In Texas, these omissions can complicate the probate process and leave your loved ones guessing about your wishes.
Delays In Probate Court
Probate is the process of settling an estate after someone passes away, and holographic wills often face additional scrutiny in Texas probate courts. Judges must confirm that the handwriting is yours and that the document meets all legal requirements. This added examination can delay the distribution of your assets, leaving your family in a prolonged period of uncertainty.
Estate Taxes And Financial Implications For Texans
While Texas does not have a state estate tax, federal estate taxes still apply. In 2025, the federal estate tax exemption is $13.99 million per individual. However, failing to plan properly can result in a higher tax burden on your estate. A holographic will is unlikely to address strategies for minimizing taxes, potentially leaving your beneficiaries with unnecessary financial burdens.
Additionally, the federal estate tax exemption is set to sunset in 2026, which could lead to lower exemption amounts. This makes proper estate planning even more crucial for Texas residents.
Why Formal Wills Are Better For Texans
A professionally prepared will provides several advantages over a holographic will. In Texas, a formal will must be signed and witnessed by at least two people, which helps prevent disputes and ensures that your intentions are clear. An attorney can also guide you in addressing specific issues unique to Texas, such as community property laws, oil and gas interests, and homestead rights.
Community Property Concerns
Texas is a community property state, meaning that assets acquired during marriage are generally considered jointly owned by both spouses. A holographic will may not account for these laws, leading to complications in dividing property between your spouse and other beneficiaries.
Protecting Your Homestead
In Texas, your primary residence, or homestead, is protected by unique laws that can affect how it is distributed after your death. A professionally prepared will can ensure that your homestead is handled according to your wishes while complying with Texas legal requirements.
Addressing Business And Agricultural Interests
Many Texans own businesses, ranches, or agricultural properties. These assets require careful planning to ensure they are passed on efficiently. A holographic will is unlikely to address these complexities, which could put these important assets at risk.
Alternatives To Holographic Wills For Texas Residents
For Texas residents, avoiding a holographic will and opting for a formal estate plan can save time, money, and stress. Here are some alternatives to consider:
- Formal Will: A will drafted with the help of an attorney ensures that your wishes are clearly documented and legally enforceable.
- Living Trust: A living trust can bypass probate altogether, allowing your assets to be distributed privately and efficiently.
- Comprehensive Estate Plan: This includes a will, powers of attorney, and other documents tailored to your unique needs as a Texas resident.
Peace Of Mind For Texans And Their Families
Creating a holographic will may seem like a quick solution, but it can lead to significant challenges for your family. In Texas, where community property laws, unique homestead protections, and federal tax considerations play a major role, working with a qualified estate planning attorney is the best way to ensure your wishes are honored.
By avoiding a holographic will and investing in a comprehensive estate plan, you can protect your legacy, reduce the risk of disputes, and provide your family with peace of mind. For Texas residents, this is not just about following the law — it’s about safeguarding what matters most to you and those you leave behind. Anyone who is eighteen or older should have estate planning in place.
Stuart Green Law, PLLC has been working on estate plans for families that protect their assets. We are licensed in Texas, Kentucky, Pennsylvania, and South Dakota, so contact us for help today.