Legal Question in Wills and Trusts in Texas

Texas law on wills

Can I just keep my will in my safety deposit box which will be opened by my son when I die or does it have to be filed at the courthouse to be legal?

Can my son just read it, abide by my wishes which are simple and be done with it?


Asked on 9/30/08, 12:40 pm

2 Answers from Attorneys

Patricia F. Bushman BUSHMAN LAW OFFICES

Re: Texas law on wills

You should NOT keep the original of your Will in a safety deposit box that is in your name. Technically the box must be sealed at the time of your death until an executor(trix) or administrator has been appointed. Your Will does not have to be filed at the courthouse to be legal. These were questions you should have discussed with the attorney who prepared your Will. If you did not use an attorney, I suggest you reconsider that decision. No matter what the on-line kits tell you, most of them aren't worth what you pay for them, and it the Will is defective, it's too late to fix it after you're dead.

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Answered on 9/30/08, 12:48 pm
James Grissom Law Office of James P. Grissom

Re: Texas law on wills

Whatever it is that you are calling your will, whether it is wholly in your handwriting or a kit from an office supply store, the document does not legally transfer property and is not legally binding without being admitted to the probate court. If you have a house, a car and some personal property, then you will most likely have to use some type of probate procedure. It would be better to consult with a lawyer now, rather than wait until the last minute when a lot of things happen very fast. Good Luck.

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Answered on 9/30/08, 1:17 pm


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