A will is the foundation of every estate plan. It says who receives your home, vehicles, accounts and personal belongings, names an executor to carry out your wishes, and, for parents of minor children, names a guardian. Many El Paso families put it off because they assume a spouse or children automatically inherit everything. Under Texas law that is often not true, especially in blended families or when a spouse dies owning separate property. A will lets you decide, and it lets your family use an independent administration or a muniment of title later instead of a contested heirship proceeding.
Texas Estates Code Chapter 251 sets the requirements: the testator must be at least 18 (or married or in the armed forces), of sound mind, and the will must be in writing, signed by the testator and attested by two credible witnesses over age 14 who sign in the testator's presence. Section 251.104 provides the self-proving affidavit, signed before a notary, which lets the will be admitted to probate without calling witnesses to testify. Texas also recognizes handwritten holographic wills under Section 251.052, but they are a frequent source of family fights. Because Texas is a community property state, a will must also account for the surviving spouse's one-half interest.
Robert Navar meets with you in English or Spanish, asks the questions that matter (blended families, property in Mexico, a child with special needs, a family business) and drafts a will with an independent executor clause so your family avoids court supervision later. You sign at our El Paso office with our witnesses and notary in a single visit; no court appearance is ever required while you are alive. Online templates routinely omit the self-proving affidavit, misstate the Texas witness rules or ignore community property, and those mistakes only surface at probate when it is too late to fix them.
Common mistakes in do-it-yourself Texas wills
The most common problems we see in El Paso probate courts are wills with only one witness, wills signed without a self-proving affidavit, wills that leave the house to one child without addressing the spouse's community half, and wills that forget to name an alternate executor. Another frequent error is listing specific accounts that are later closed, so the gift fails. A will should also state that the executor serves independently and without bond, or the family may end up in a dependent administration with court approval required for every step.
What happens with your will after death in El Paso County
After death, the original will is filed with the El Paso County Clerk and heard in one of the El Paso County probate courts. If the will is self-proved and names an independent executor, the executor usually attends one short hearing and then handles the estate without further court involvement. If the estate consists mainly of a house and no debts, the will can often be admitted as a muniment of title, which transfers the property without any administration. A well-drafted will is what makes those faster options available.
What's included
- Personal consultation in English or Spanish to map your family, assets and wishes
- Custom-drafted Texas will with independent executor and alternate executor clauses
- Guardian nomination for minor children, with alternates
- Self-proving affidavit under Texas Estates Code Section 251.104
- Supervised signing at our El Paso office with witnesses and notary provided
- Original in a protective folder plus digital copies and a memorandum for personal items
- Written instructions for your executor on where the will is and what to do first
How it works
Consultation and intake
We meet in person, by phone or by video and go through a short questionnaire: family members, property, accounts, debts, and who you trust as executor and guardian. You get a flat-fee quote at the end of this meeting.
Drafting and review
Robert Navar drafts the will and sends you a draft to review. We explain every clause in plain language and make any changes you want before scheduling the signing, usually within a week.
Signing at our office
You sign in front of two witnesses and a notary at our El Paso office. We complete the self-proving affidavit, hand you the original and copies, and explain how to store it and when to update it.