When you create a nuncupative or oral will in Texas, you can only do so if you are very ill and devising personal property. Real property bequests by oral will are not valid. Furthermore, you must make your oral or nuncupative before at least three witnesses if you devise more than $30 of personal property. Your witnesses (or witness if devising less than $30) must probate your oral will within six months of your death. After six months, an oral will is invalid and ineligible for probate.
Since using oral or nuncupative wills is strictly limited, creating a legally valid will may be the single most important thing you can do while you are alive. As discussed in our last post, a nuncupative or oral will is only legally valid if you are very ill and if probated within six months of your death by your witnesses. If the witnesses to your oral will are not credible, your will may be found to be invalid. A nuncupative will that does not comply with the Texas Probate Code is invalid, and your estate is subject to the state’s intestacy provisions. The intestacy statutes in Texas establish an order of priority for your descendants and heirs based on blood and kinship. In other words, your most closely related lineal descendants have priority in receiving inheritances from your estate than those less closely related.