Texas Oral
Nuncupative Will

The testator (the person or people who will be signing the Oral Nuncupative Will) must be at least 18 years old with one of these valid (can’t be expired) U.S government forms of photo identification which can be a U.S driver’s license, U.S passport, U.S state identification card, U.S License To Carry (LTC) card, or a U.S military/uniformed services ID card to show a Texas notary public. 

The testator must be of sound mind (be fully conscious and lucid as well as capable of reasoning and making autonomous decisions), not be forced or deceived into signing the Oral Nuncupative Will, and have the intention to pass on property at death.

It’s ok if someone, because of injury, trauma, or illness, can’t physically sign their full legal name. A personal mark of some sort made by the testator in front of a Texas notary public will legally suffice in extreme physical impairment situations.

A Oral Nuncupative Will must be signed by the testator or another person at his or her direction and in his or her presence.

A Oral Nuncupative Will, by Texas law, must be attested by two witnesses (the notary public cannot legally be one of the two witnesses in Texas) age 18 or older that are considered non-interested third parties.

Meaning the two witnesses cannot be a named beneficiary, be married or directly related to a beneficiary or be mentioned in any capacity in the Will they are witnessing.

Witnesses must have a valid (can’t be expired) U.S government form of photo identification which can be a U.S driver’s license, U.S passport (it cannot be a foreign passport or Visa), U.S state identification card (any U.S state), License To Carry (LTC), or a U.S military photo ID card to show a Texas notary public and they must sign in the presence of the testator.

In the State of Texas a licensed Texas notary public must be present at a Oral Nuncupative Will signing to verify the identities of all parties (Will signors and the two witnesses) involved and witness the testator signing all the legal document paperwork that is included within the Oral Nuncupative Will.

It is extremely important to make some type of Will or a Trust if you want to control the distribution of your estate. If you die before you make a Texas Will or Texas Trust you are said to have died “intestate”, and your property will be distributed according to strict Texas probate laws. 

Mobile Austin Notary always recommends to consult with a lawyer, certified public accountant, and/or an estate, probate, or financial planner before you try to create or execute a Texas Oral Nuncupative Will for your family, business or for yourself.