Is the Will Valid?
Not every document that someone claims or even intends to be their Last Will and Testament will be accepted by the Conroe Probate Court as a valid Last Will and Testament. If the Will is not valid, then that can change how to file your probate case. The law has very specific requirements for a document to be recognized as a valid Will and if all the requirements are not met, that document is likely to not be enforceable as the person intended and could lead to an entirely different property distribution.
In order for a document to meet the legal requirements of a valid Will in Texas:
1) the document must be in writing;
2) the document must be signed by the testator in person or by another person for him by his direction and in his presence;
3) the document must also be attested by two or more credible witnesses above the age of fourteen years who must sign their names in their own handwriting in the presence of the testator if the document is not entirely in the handwriting of the testator.
If the document your Woodlands Probate Lawyer presents to the Conroe Probate Court does not meet all of the above requirements then the probate court may find the will invalid and the designation of the Executor will no longer apply and the property will be distributed according to intestate distribution laws.
Contact a Woodlands Probate Attorney today at (832) 592-7913 if you need representation for a Conroe Probate matter.