If you created a will many years ago, you may wonder whether it is still valid under Texas law. This is an important question for Houston residents who have experienced major changes in their families, finances, or property since creating their estate plans.

Generally, a properly executed Texas will does not expire simply because it is old. Texas law provides specific methods for revoking a written will, such as executing a subsequent will or properly executed written revocation, or destroying or canceling the will as provided by law. However, even when an older will remains legally valid, its provisions may no longer reflect your current circumstances or wishes.

Does a Texas Will Have an Expiration Date?

Texas does not impose an automatic expiration date on a valid will. A will created years or even decades ago may therefore remain operative if it was validly executed and has not subsequently been revoked.

The age of the document itself is usually not the central issue. Instead, the important questions include whether the will was properly created, whether it was later revoked or replaced, and whether changes in your life have made its provisions outdated.

When Should You Review an Older Will?

Although your will may not expire, your estate plan should be reviewed periodically. TexasLawHelp specifically recommends updating a will when circumstances change, including events such as marriage, divorce, or changes in family size.

You may want to review your Texas estate plan following major changes such as:

• Marriage or divorce
• Birth or adoption of a child
• Death of a beneficiary or executor
• Purchase or sale of significant property
• Major changes in your financial situation
• Starting or selling a business
• Moving to or from Texas
• Changes in your relationships with beneficiaries
• Significant changes in estate or tax laws

For Houston residents with an older estate plan, reviewing these changes can help determine whether the existing documents still accomplish their intended purpose.

Can You Simply Make Changes to an Old Will?

Writing new instructions in the margins, crossing out provisions, or informally editing a signed will can create serious problems. TexasLawHelp advises that changes made to a will after it has been signed are not valid through simple handwritten alterations; changes should instead be accomplished through appropriate estate-planning documents.

Texas law permits a written will to be revoked through a subsequent will, codicil, or qualifying written declaration executed with the required formalities, as well as through certain acts of destruction or cancellation.

Creating a properly executed new will can often provide greater clarity than attempting informal changes to an older document.

What About Beneficiary Designations?

Updating a will does not necessarily update every part of your estate plan. Certain assets may pass outside probate according to beneficiary designations or ownership arrangements. These can include retirement accounts, life insurance policies, payable-on-death accounts, and certain jointly owned property.

For this reason, reviewing an older estate plan should involve more than simply reading the will. Beneficiary designations and other estate-planning documents should also be considered to determine whether they remain consistent with your current intentions.

Does Divorce Affect an Older Texas Will?

Divorce is one of several major life events that should prompt a review of your estate plan. Even where Texas law affects how certain provisions are treated after a divorce, relying on an old document can create unnecessary uncertainty about your current wishes.

Reviewing and updating your estate documents after divorce can help ensure that your beneficiaries, executor selections, and other instructions accurately reflect your present circumstances.

Why Keeping Your Texas Estate Plan Current Matters

An outdated will can create practical problems even when the document itself remains valid. An executor you selected years ago may no longer be available. Property identified in the will may have been sold. Beneficiaries may have died, relationships may have changed, or your estate may now contain assets you did not own when the will was created.

A current estate plan can provide clearer instructions and reduce uncertainty for family members during the probate process.

Houston Estate Planning Assistance From David A. Munson, PC

If your Texas will was created years ago, this may be a good time to determine whether it still reflects your wishes and complies with your current estate-planning needs.

At David A. Munson, PC, we provide estate planning legal assistance to individuals and families in Houston. We can help review older wills and estate plans, identify potential concerns, and discuss whether updated documents may be appropriate for your circumstances.

Contact David A. Munson, PC to discuss your will, estate plan, and estate planning needs in Houston, Texas.