If a Will Wasn’t Properly Signed: What Can Happen in Texas Probate

Disclaimer: This is educational information only and not legal advice. For decisions about a specific estate, speak with a licensed Texas attorney.

Detailed Answer

1. What Texas law requires for a valid will

Texas law generally requires a will to be in writing, signed by the testator (the person making the will), and witnessed by two credible witnesses who sign in the testator’s presence. You can read the formal requirements at the Texas Estates Code, Chapter 251: https://statutes.capitol.texas.gov/Docs/ES/htm/ES.251.htm.

2. What the probate court does if the will is treated as invalid

If the court finds the writing was not executed according to those statutory formalities, the probate court may refuse to admit the document as a will. When that happens the usual results are:

• The estate may be administered under Texas intestacy rules, meaning state law determines who inherits. See Texas intestate succession rules at Chapter 201: https://statutes.capitol.texas.gov/Docs/ES/htm/ES.201.htm.
• Named beneficiaries in the invalid will typically receive nothing by that instrument. Property will pass by other means—intestacy, beneficiary designations (life insurance, retirement accounts), joint tenancy, or deeds and titles that control outside the will.
• Creditors still have priority. The executor or personal representative must pay valid debts and expenses before distributing assets, whether under a will or under intestacy law.

3. Is the defective will always lost to the estate?

No. Texas law includes a “harmless error” rule that can save a will that fails formalities. Under the Estates Code, the court may admit a document that was not executed in strict compliance if the proponent proves by clear and convincing evidence that the decedent intended the document to be their will. For details see Chapter 256: https://statutes.capitol.texas.gov/Docs/ES/htm/ES.256.htm.

4. Common paths after a will is treated as invalid

• File a petition to admit the document under the harmless-error statute and present testimony, drafts, signatures, or other evidence showing intent.
• Seek to admit another later, properly executed will if one exists.
• If the original will was lost or destroyed, pursue admission of a lost will (requires proof of contents and of loss).
• If no admissible will exists, move forward with intestate administration so heirs can receive property under statute.

5. Practical consequences for heirs and beneficiaries

An improperly signed will can change who inherits, reduce or eliminate planned gifts, and increase estate disputes. Heirs who thought they were excluded might inherit instead. Named beneficiaries should not assume they will receive property until a court admits a document or intestacy distributes the estate.

Helpful Hints

• Preserve the original document and any drafts, notes, or email correspondence about the testator’s intent.
• Identify and locate witnesses who saw the signing or who can testify about the testator’s intent.
• Look for non-probate transfers—payable-on-death accounts, life insurance, and jointly titled property can pass outside the will.
• If you are the personal representative, follow proper notice and filing rules before distributing assets to avoid personal liability.
• If a will appears unsigned or improperly witnessed, ask whether the harmless-error rule (§256) might apply and gather clear-and-convincing evidence of intent.
• Act promptly. Probate procedures and deadlines vary. Delays can complicate or forfeit remedies.
• Consult a Texas probate attorney to evaluate whether the document can be admitted or whether intestate administration will control. An attorney can also explain the timelines and procedural requirements in your county.

Relevant Texas statutes mentioned:

• Formal will requirements: Texas Estates Code, Chapter 251 — https://statutes.capitol.texas.gov/Docs/ES/htm/ES.251.htm
• Harmless-error admission: Texas Estates Code, Chapter 256 — https://statutes.capitol.texas.gov/Docs/ES/htm/ES.256.htm
• Intestate succession rules: Texas Estates Code, Chapter 201 — https://statutes.capitol.texas.gov/Docs/ES/htm/ES.201.htm

Again, this is not legal advice. If a probate court says a will is invalid, consult a licensed Texas attorney promptly to review possible remedies and to protect rights under Texas law.