Introduction: Legal requirements
Can making an “X” on a signature line in a will validate the document? The simple answer is: maybe.
In Texas, a will must be in writing and signed by the testator (the person making the will) in order to be valid. However, there is no specific requirement as to how the signature must be made. As such, it is possible that making an “X” on the signature line of a will could be considered a valid signature in some cases. There is precedent for this in Texas probate case law. In the case of In re Estate of Garza, the court held that an “X” mark on a will was a valid signature where the testator was illiterate and had no other way to sign his name. The court noted that the “X” mark was witnessed by two disinterested parties and that there was no evidence that the testator did not intend for it to serve as his signature. As such, it is possible that making an “X” on a will could be considered a valid signature in Texas, depending on the circumstances. If you have any questions about whether your will is valid, you should consult with an experienced estate planning attorney who can advise you based on your individual situation.
What is required for a valid will in Texas?
In order for a will to be valid in Texas, it must be in writing and signed by the testator (the person making the will) or another person at the testator’s direction. The will must also be witnessed by two people who are present when the will is signed and who sign the will in the presence of the testator.
What are the consequences of an invalid will?
If a will is found to be invalid, the court will distribute the deceased’s assets according to the state’s intestacy laws. This means that the deceased’s assets will be distributed to their next of kin, regardless of what the deceased may have wanted. In some cases, this can lead to unforeseen and unwanted consequences for the deceased’s loved ones.
Can an X on a signature line count as an official signed will?
There is no hard and fast rule when it comes to signing a will in Texas. In general, as long as the person making the will (the “testator”) intended for their “X” mark to serve as their signature, it should be valid. However, it’s always best to err on the side of caution and have two witnesses present when the will is signed, in addition to the testator making their mark.
What are some other ways to validate a will in Texas?
A will can be self-proved in Texas if it is signed by the testator in the presence of two witnesses, who must also sign the will. A will can also be validated by a formal affidavit from the witnesses, which must be filed with the court. Additionally, a will can be validated by testimony from one of the witnesses to the will, as long as that witness is able to attest to the testator’s signature and capacity to make a will.
Probate Case Law
Phillips v. Najar, 901 S.W.2d 561 (Tex. App. — El Paso 1995, no writ)
Facts and Procedural History
Josephine E. Farr executed her will in public notary Ted Painter’s office. She had two witnesses, Sherry McCoy and Allen Martin, and her named independent executor present. Farr had a very hard time writing since she had terrible arthritis and a stroke. Because of this, she asked her independent executor to use a rubber stamp to indicate her signature on the document. She then placed an “x” in her own handwriting on both sides of the stamp. Both witnesses signed the document and places their initials beside the “x” to indicate that the marking was written by Farr.
The trial court allowed the will to probate and Joe D. Phillips appealed. He claimed that the will was not properly executed since the document was not physically signed by someone at Farr’s request. He goes on to say that the will would have been valid if Farr had asked someone to sign her name instead of using a rubber stamp. The court held that although she did not have them sign a signature, she still asked them to stamp the document at her request, in front of the witnesses, and expressed that it was her last will and testament. The court also held that Farr’s “x’s” are sufficient to meet the signature requirement.
Since the signature’s were deemed valid, the court admitted the will to probate.
Main Considerations
Can a marking such as an “x” be enough to validate a signature on a will?
Yes. An “x” is sufficient to indicate a signature on a will.
Is directing someone to use a rubber stamp to sign for them a valid signature for a will?
Yes. A testator can direct someone to use a rubber stamp to sign their will if it is done in front of the will’s witnesses.
Takeaways
Perry v. Hinshaw shows that a marking such as an “x” is enough to validate a signature on a will and that a testator can direct someone else to sign their will for them using a rubber stamp.
Conclusion
In Texas, a will must be in writing and signed by the testator (the person making the will) in order for it to be valid. However, there is no specific requirement as to how the signature must be made. As long as the testator’s name is written on the document and he or she intended it to be their signature, an “X” will suffice.
Do you need an Experienced Probate Attorney to help?
There are certain requirements that must be met in order for a will to be valid in Texas. One of those requirements is that the will must be signed by the person who made it (the testator). The signature must be made in the presence of two witnesses, who must also sign the will.
If you have been named as the executor of a will, or if you are an heir or beneficiary of a deceased person, and you have questions about the validity of the will, you should consult with an experienced probate attorney. An attorney can review the will and determine whether it meets all of the legal requirements. If it does not, the attorney can help you take steps to challenge the will in court. (915) 292-4400.
Related questions
What makes a Texas will valid?
In order for a will to be valid in Texas, it must be in writing, signed by the testator (the person making the will), and witnessed by two people who are not related to the testator. The witnesses must sign the will in the presence of the testator.
If a will is not properly witnessed, it may still be valid if it is signed by the testator and two other people who can attest to the fact that the testator intended for the document to be their will. These attesting witnesses must also sign the will.
A will that is not witnessed at all may be valid if it is proved by clear and convincing evidence that the testator intended for the document to be their will. This is a higher burden of proof than for a witnessed will, so it is always best to have your will properly witnessed.
Are there any rules for a signature?
There are a few basic rules that must be followed in order for a signature to be considered valid. First, the signature must be made by the person who is supposed to be signing the document. Second, the signature must be made voluntarily and without coercion from another party. Third, the signature must be made in the presence of a witness who can attest to the validity of the signature. Finally, the signature must be made with the intent to authenticate the document.
What would make a will invalid in Texas?
If a will is not properly executed in Texas, it is invalid. A will must be in writing, signed by the testator (the person making the will), and witnessed by two disinterested adults. A will that does not comply with these requirements is not valid in Texas.
There are other ways a will can be invalidated in Texas. If the testator later revokes the will, it is no longer valid. A court can also declare a will to be invalid if it finds that the testator was not of sound mind at the time the will was made, or if the testator was coerced into making the will.
Does your signature have to be your full name?
In Texas, a will must be signed by the testator (the person making the will) in the presence of two witnesses. The witnesses must also sign the will in the presence of the testator. A witness cannot be someone who is named in the will as an heir or beneficiary.
The signature does not have to be the full name, but can be simply “X”. However, if the signature is simply “X”, then the two witnesses must each make an affidavit attesting to the identity of the testator. These affidavits are notarized and become part of the will.
Is a handwritten will legal in Texas?
A handwritten will, also known as a holographic will, is a valid form of testamentary writing in Texas if it is entirely in the handwriting of the testator and signed by the testator. The statute does not require that the will be witnessed, however, two disinterested witnesses must sign an affidavit attesting to the identity of the testator and witnessing the testator’s signature on the will. The witnesses cannot be named in the will as beneficiaries.
If you have any questions regarding whether your handwritten will is legal in Texas, please contact an experienced probate attorney for guidance.
