Intro & OverviewTwo Basic Methodsof Transfer at Death

By Will

By Statute(No Will)

Testate

Intestate

Requirements for Validity of Wills

Testamentary Intent(takes effect at death)

Testamentary CapacityTestator Must Know:

Kind & Character of His PropertyNatural Objects of His BountyEffect of this Act of Making a Will

Testator Must Have Ability to Form a Plan for Disposition of Her Estate

Formal Execution Requirements

2 Witnesses if TypewrittenT’s SignatureCompetence of WitnessesWitnesses Sign in T’s PresenceNo Publication Required

Holographic Will

**Wholly in T’s Handwriting**

Instrument Modifying or

Adding to an Existing Will

Probate of a Will

--Court Validates the Will

Administration of Estate

--Representative1. Collects Assets

2. Pays Debts3. Distributes

Remainder

Executor:Named in

the Will

Administrator:Appointed by

the Court

In Texas -Independent Executorship

Independent Executor acts free of court

control

Dependent Administrator Acts

Under Court Supervision