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Is a typed 4 page will legal in Texas if only signed on last page by person whom it was for. No witness no notorization

Longview, TX |

My friends father passed away recently he was contacted but someone who stated he possessed a will and was executor of it. The will consist of 4 typed pages with my friends fathers signature and date only on last page is it legal in Texas. No signatures on any of the remaining pages. His is the only signature. No witnessess. The executor stated he gets everything according to the will. I have contacted the local probate office they do not show its in probate but yet the executor tells me it is and I cant have anything. Do I have a chance if I contest this will? How do I know it is a legal document and not forgered?

Attorney Answers 4


  1. Under the facts you have presented, the Will in question would not be valid in Texas. Texas requires that the Will either be signed by the testator and witnessed by two witnesses, OR that the entire Will be in the handwriting of the testator and signed by him/her. Witnesses are not required for a holographic Will, (handwritten Will), but under your facts, the typewritten document would not qualify.

    Under Michigan law (where I practice), there is a "fudge" statute that provides that any document intended to be a Will, can be admitted to probate as a Will. (We have even seen unsigned documents admitted as Wills, in some cases!) If Texas has a similar statute, there might be a slight chance that this document could be probated. My guess is that Texas law is more sensible in this regard.

    Since the person claiming to be the executor is unlikely to let this go without a fight, you should consult a probate attorney to determine how best to proceed. You will need to retain an attorney if the person in question decides to take this to court.

    James Frederick

    *** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state.


  2. In Texas, he answer is simple: This is not a valid will. The prior will should be probated, but if there is no will, an heirship proceeding should be started by your friend.

    There is no legal relationship created or implied by the exchange of message on this website. All statements are not to be construed as legal advice but as general guidance. In all cases, an attorney should be retained to review the full circumstances and deliver advice consistent with the information learned.


  3. A document like the one you describe is not a valid Will in Texas and cannot be admitted to probate. If your friend's father was a Texas resident then Texas law will apply. You ask: "Do I have a chance if I contest this will? How do I know it is a legal document and not forgered (sic)?" You would have no chance of contesting the Will because you are not an "interested party" because you are not an heir of your friend's deceased father.

    DISCLAIMER: This is not specific legal advice and does not establish an attorney/client relationship.


  4. No. I agree with all of the foregoing answers.

    *Disclaimer: Visiting or sending communications through this website does not create an attorney-client relationship. The answer to this question is of a general nature. All representations by the attorney in this answer may be affected by and contingent upon additional facts and circumstances of the individual case. Please consult a reputable attorney to discuss a full and complete assessment of your case.

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