Texas requires that all wills be in writing. Before 2007, however, Texas recognized nuncupative or oral wills. Former §§ 64 and 65 of the Texas Probate Code, repealed 2007. Now, oral wills are no longer recognized.
Before 2007 when oral wills were admitted to probate, you could only dispose of personal property by an oral will, not real property. Because oral wills were subject to abuse in that anyone could claim that the Testator told them who they wanted to have the estate, oral wills had to meet certain criteria.The will had to be:
- Made when the Testator was in his last sickness;
- Made at the testator's home or where he had resided for more than 10 days; and,
- The amount subject to the will could be no more than $30.00 dollars " unless it be proved by three credible witnesses that the Testator called on a person to take notice or bear testimony that such is his will, or words of like import."
Nuncupative wills are an historical oddity that estate attorneys talk about when discussing the "good old days."
**By **Robert Ray a Texas inheritance attorney.
Tell me what happened
Write to me through the contact form: what happened, roughly when, and who is involved. I read these myself. Writing means our first conversation can be about your situation instead of getting me up to speed.
This page is general information about Texas law. It is not legal advice about your situation, and reading it does not create an attorney–client relationship. These matters turn heavily on specific facts and specific dates, and the law has exceptions this page does not cover. You should not take, or refrain from taking, any action based on this page. Discuss your circumstances with an attorney who can advise you on them.