The short answer is no. An unsigned will is not valid in Texas.
Last week, I discussed why estate planning is important despite our optimistic outlook for the future. The article was prompted by an email I received about a man, “Tom,” who believed he was well until he started coughing up blood.
A specialist diagnosed him with Stage 4 cancer, and he died three weeks later.
Tom didn’t have any estate planning documents in place, so he tried to get his affairs in order before he died. He visited a lawyer and had a will drafted. But before he could sign it, we went into cardiac arrest and died.
The email asked whether the Will was valid despite the fact that Tom hadn’t signed it because an attorney drafted it in the presence of witnesses to whom Tom made his wishes known.
What Makes a Will Valid?
The statutes are very specific about what constitutes a valid will. To be valid, an attested will must be in writing, signed by the testator, or another person at his direction and in his presence, and attested in the testator’s presence by at least two credible witnesses over the age of 14. Just having the will drafted is insufficient.
Don’t Delay Estate Planning
Many people put of estate planning because they don’t plan to do die tomorrow. They feel healthy, and they’re busy, and contemplating death is uncomfortable.
But none of us knows what the future holds, and planning ahead prevents us from having to spending our final days scrambling to handle legal and financial details instead focusing on the things and people that matter most.
