What is required for a valid will in Texas?

Enhance your understanding of Texas real estate law with the Texas Legal Update I Test. Study with multiple choice questions, each with explanations, and prepare for success on your exam!

A valid will in Texas requires specific elements to ensure that it is legally enforceable. The correct answer stipulates that a will must be in writing, signed by the testator, and attested by two witnesses. This reflects the legal standards set forth in the Texas Estates Code, which emphasizes the importance of having the testator, who is the individual creating the will, clearly express their intentions in writing.

The requirement for two witnesses is critical to verifying the authenticity of the document. Each witness must watch the testator sign the will or must sign in the presence of the testator, thereby providing assurance that the will represents the true desires of the individual. The lack of any of these components would result in an invalid will, making it unclear what the testator's wishes were regarding the distribution of their estate.

The other options, while they may include elements related to legal procedures or documentation, do not accurately represent the fundamental requirements for creating a valid will in Texas. For instance, there is no requirement for a will to be filed with the state attorney general, notarized, or include an official seal; instead, the witnessed signing is the pivotal legal protection for the authenticity of the will.

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