LAST WILL AND TESTAMENT

OF [TESTATOR FULL LEGAL NAME]

[// GUIDANCE: Replace every bracketed term with client-specific information. Delete guidance comments before execution.]

RECITALS

I, [TESTATOR FULL LEGAL NAME], born [MM/DD/YYYY], presently residing at [Street Address, County, Texas], being of sound mind and disposing memory, hereby declare this document to be my Last Will and Testament (“Will”). I revoke all prior wills and codicils. This Will is executed in the State of Texas and is intended to be construed and enforced in accordance with Texas law.

TABLE OF CONTENTS

1. Definitions
2. Revocation of Prior Instruments
3. Family Information
4. Appointment of Independent Executor
5. Payment of Debts, Expenses, and Taxes
6. Disposition of Property
   6.1 Specific Bequests
   6.2 Residuary Estate
7. Guardianship of Minor Children
8. Fiduciary Powers
9. No-Contest (In Terrorem) Clause
10. Liability Limitation & Executor Indemnity
11. Governing Law; Forum Selection
12. Miscellaneous
13. Execution & Attestation
14. Self-Proving Affidavit

1. DEFINITIONS

For purposes of this Will, the following capitalized terms have the meanings set forth below:

“Child” or “Children” means each biological or legally adopted child of mine, living or en ventre sa mere on my Date of Death.

“Community Property” means all property characterized as community under Tex. Fam. Code and applicable case law.

“Date of Death” means the date on which I am legally determined to have died.

“Descendants” or “Issue” means lineal descendants of every degree, by blood or legal adoption.

“Executor” means the Personal Representative appointed under Section 4.

“Personal Effects” means clothing, jewelry, household goods, automobiles, recreational equipment, and similar tangible personal property.

2. REVOCATION OF PRIOR INSTRUMENTS

I hereby revoke all prior wills and codicils. Any memoranda, writings, or digital designations regarding disposition of personal property that are not executed with the formalities required under Tex. Est. Code Ann. § 251.051 (West 2023) are intended to be precatory only.

3. FAMILY INFORMATION

I am married to [SPOUSE NAME] (“Spouse”).
I have the following children: [CHILD NAME(S) & D.O.B.].
[// GUIDANCE: If unmarried or without children, modify accordingly.]

4. APPOINTMENT OF INDEPENDENT EXECUTOR

4.1 Primary Executor. I nominate [PRIMARY EXECUTOR NAME] as Independent Executor to serve without bond under Tex. Est. Code Ann. § 401.001.

4.2 Successor Executor(s). If the Primary Executor is unable or unwilling to serve, then [SUCCESSOR EXECUTOR NAME] shall serve with the same authority.

4.3 Independent Administration. My estate shall be administered independently of court supervision to the fullest extent permitted by Tex. Est. Code Ann. § 401.002.

4.4 Compensation. The Executor may receive reasonable compensation, or may waive compensation in writing.

5. PAYMENT OF DEBTS, EXPENSES, AND TAXES

5.1 Debts & Expenses. My just debts, funeral expenses, and costs of estate administration shall be paid first from the residuary estate.

5.2 Taxes. All estate, inheritance, generation-skipping transfer, and similar taxes attributable to my estate shall be paid from the residuary estate without apportionment, unless a specific devise is expressly made subject to tax.

6. DISPOSITION OF PROPERTY

6.1 Specific Bequests

I give the following property free of encumbrances (except as noted) to the beneficiaries identified below:

a. [Description of Asset] to [Beneficiary Name].
b. [Additional Itemized Bequests].

[// GUIDANCE: Insert additional clauses or delete if none.]

6.2 Residuary Estate

All the rest, residue, and remainder of my estate, real and personal, wherever situated (“Residuary Estate”), I give, devise, and bequeath to [PRIMARY RESIDUARY BENEFICIARY], per stirpes.
[// GUIDANCE: Insert contingent residuary disposition if primary beneficiary predeceases.]

7. GUARDIANSHIP OF MINOR CHILDREN

If at my Date of Death any Child of mine is a minor, I nominate [GUARDIAN NAME] as guardian of the person and estate of such minor child(ren). If the nominee fails, [ALTERNATE GUARDIAN NAME] shall serve. I request that no bond be required.

8. FIDUCIARY POWERS

The Executor shall have, without court order, all powers granted under Tex. Est. Code Ann. § 402.001 and the following additional powers:

a. To sell, lease, exchange, or encumber estate property, real or personal, at public or private sale.
b. To retain, invest, reinvest, and diversify estate assets as the Executor deems prudent.
c. To make distributions in cash or in kind, pro rata or non-pro rata, without adjustment for unrealized gains or losses.
d. To settle or compromise claims for or against the estate.

9. NO-CONTEST (IN TERROREM) CLAUSE

If any beneficiary directly or indirectly contests this Will or any of its provisions, or institutes proceedings to impair or invalidate any part hereof, any share or interest in my estate given to that beneficiary shall be forfeited and shall pass as if that beneficiary had predeceased me. This clause shall be enforced to the maximum extent permissible under Texas law and public policy.

10. LIABILITY LIMITATION & EXECUTOR INDEMNITY

10.1 Limitation of Liability. The Executor shall be liable only for acts or omissions constituting gross negligence, willful misconduct, or bad faith. Estate assets shall be the sole source of satisfaction of any Executor liability.

10.2 Indemnification. The estate shall indemnify and hold the Executor harmless from all claims, losses, and expenses, including reasonable attorneys’ fees, arising from the good-faith administration of the estate.

11. GOVERNING LAW; FORUM SELECTION

This Will shall be governed by and construed in accordance with the laws of the State of Texas. Exclusive jurisdiction for probate, construction, or enforcement of this Will shall lie in the statutory Probate Court (or County Court exercising probate jurisdiction) in [COUNTY, TEXAS].

12. MISCELLANEOUS

12.1 Simultaneous Death. If any beneficiary and I die under circumstances making the order of death uncertain, such beneficiary shall be deemed to have predeceased me for all purposes of this Will, consistent with Tex. Est. Code Ann. § 121.102.

12.2 Survivorship Period. A beneficiary must survive me by [30] days to take under this Will, unless a contrary provision expressly applies.

12.3 Severability. If any provision of this Will is held invalid, the remaining provisions shall remain in full force to the extent possible.

12.4 Headings. Headings are for reference only and do not affect substantive meaning.

13. EXECUTION & ATTESTATION

Signed on this ___ day of _, 20, at _____, Texas.

______
[TESTATOR FULL LEGAL NAME], Testator

ATTESTATION CLAUSE

(Required by Tex. Est. Code Ann. § 251.051)

We, the undersigned, hereby certify that on the date written above, [TESTATOR FULL LEGAL NAME], the Testator, declared this instrument to be his/her Last Will and Testament, signed it (or directed another to sign on his/her behalf) in our presence, and declared to us that it was his/her Will. The Testator appeared to be of sound mind and at least 18 years of age. We, being each at least 14 years of age, sign our names hereto in the Testator’s presence and in the presence of each other.

14. SELF-PROVING AFFIDAVIT

(Tex. Est. Code Ann. §§ 251.101 & 251.104)

State of Texas )
County of ______)

Before me, the undersigned authority, on this day personally appeared [TESTATOR FULL LEGAL NAME], [WITNESS #1 NAME], and [WITNESS #2 NAME], publicly known to me to be the Testator and the witnesses whose names are subscribed to the foregoing instrument, and, being duly sworn, each declared to me as follows:

1. The Testator, in the presence of the witnesses, declared the instrument to be his/her Last Will and Testament and signed (or directed another to sign) the Will.
2. Each witness, in the presence of the Testator and of each other, signed the Will as a witness.
3. To the best of the witnesses’ knowledge, the Testator was at least 18 years of age, of sound mind, and under no constraint or undue influence.

__________
[TESTATOR FULL LEGAL NAME], Testator

__________
[WITNESS #1 NAME], Witness

__________
[WITNESS #2 NAME], Witness

Subscribed and sworn before me this ___ day of _, 20.

__________
Notary Public, State of Texas
My Commission Expires: _______

[// GUIDANCE:
1. Confirm that witnesses are “credible,” at least 14 years old, and not beneficiaries.
2. For additional flexibility (e.g., contingent trusts), insert trust provisions before Section 9.
3. Store the executed original in a secure, fire-safe location and inform the Executor where it is kept.
4. Review periodically, especially after major life events or legislative changes.
]