Texas estate planning requires a will that meets specific age, witness, and signing rules under the Texas Estates Code, plus, for many families, a plan for guardianship of minor children. Texas still recognizes fully handwritten wills, but those documents carry real risk if you get any detail wrong.
You can meet every one of these requirements without hiring a lawyer. Build a Texas-compliant will online with FastWill, and use this guide to understand exactly what the law expects along the way. For a broader overview, see our Texas estate planning hub.
Requirements for a Valid Texas Will
Texas will requirements are set out in Texas Estates Code Section 251.051. To make a valid will in Texas:
- The will must be in writing.
- It must be signed by the testator, or by another person on the testator's behalf, in the testator's presence and at the testator's direction.
- It must be attested by two or more credible witnesses, each at least 14 years old, who sign in their own handwriting in the testator's presence.
To make a will in the first place, Texas law requires the testator to be at least 18 years old, lawfully married, or a member of the U.S. armed forces or a related auxiliary or maritime service, and the testator must be of sound mind.
Handwritten (Holographic) Wills in Texas
Texas is one of a small number of states that recognizes a will written entirely in the testator's own handwriting without witnesses, known as a holographic will. That sounds convenient, but holographic wills are frequently challenged in Texas probate courts, often because of disputes over authenticity, uncertain intent, or unclear language that would have been caught with a standard, witnessed process. A properly witnessed will, built to match the statutory formalities, gives your family far less to fight over. See our breakdown of common myths about Texas wills for more on this and other misconceptions.
Probate in Texas
Probate is the court process that validates a will (or applies intestacy rules if there is no will), appoints someone to manage the estate, and oversees the payment of debts and distribution of assets. In Texas, this generally follows these steps:
- The court examines and confirms the validity of the will, if one exists.
- If there is a will, it typically names an executor; if there is no will, the person is said to have died intestate, and the court appoints an administrator.
- The executor or administrator inventories the estate's assets and obtains appraisals if needed.
- Debts and taxes are paid from estate assets.
- Remaining assets are distributed to the beneficiaries or heirs.
- A final accounting is filed, and the estate is closed.
Not everything is subject to probate. Assets held in a trust, accounts with a named beneficiary such as life insurance or retirement accounts, and property held jointly with rights of survivorship typically pass outside the process. For a full walkthrough of the process nationally, see our guide to how probate works.
Texas Small Estate Affidavits
Texas offers a simplified alternative to full probate for smaller estates. Under Texas Estates Code Section 205.001, if a person dies without a will and the value of the estate's assets, not counting the homestead and other exempt property, does not exceed 75,000 dollars, the heirs may be able to collect the estate using a small estate affidavit instead of opening a full probate case. The affidavit must be signed by two witnesses who will not inherit anything from the estate, and there are additional conditions, including a waiting period after death, so confirm you qualify before relying on this shortcut.
Guardianship for Minor Children in a Texas Will
If you have minor children, your Texas will should do more than distribute property. Consider including:
- A named guardian for your children if both parents pass away, chosen after a conversation with that person so they know what they are agreeing to.
- One or more alternate guardians in case your first choice cannot serve when the time comes.
- A trustee for any inheritance left to minor children, who manages and distributes the assets on a schedule you set, such as at age 18 or upon finishing school. Texas trusts for this purpose are governed under Texas's trust statutes, and the trustee can be the same person as the guardian or someone else entirely.
- A temporary guardian to provide immediate care while the court finalizes the permanent guardian's appointment.
Update these choices whenever your family circumstances change, such as a new child, a divorce, or a falling out with your chosen guardian.
How FastWill Handles Texas Estate Planning
FastWill builds your will to meet Texas's specific witness and signing requirements automatically, so you do not need to research statutes or worry about a holographic document being challenged later. You answer plain questions, and FastWill generates a document built for Texas from the start.
Common Mistakes in Texas Estate Planning
- Relying on a handwritten will instead of a properly witnessed one, inviting a probate challenge.
- Using witnesses younger than 14 or witnesses who stand to inherit from the estate.
- Assuming the small estate affidavit applies without checking the 75,000 dollar asset threshold and the other conditions first.
Frequently Asked Questions
Do I need a lawyer to make a will in Texas?
No. Texas law does not require an attorney. You need to meet the requirements in Texas Estates Code Section 251.051, which FastWill's process is built to follow.
Are handwritten wills legal in Texas?
Yes, a will written entirely in your own handwriting can be valid in Texas without witnesses, but these documents are challenged in court more often than typewritten, witnessed wills, so most people are better off using a standard, properly executed will.
What happens if I die without a will in Texas?
Your estate passes under Texas intestacy law, generally to your spouse and children in shares set by statute, then to more distant relatives if none survive you.
What is the small estate affidavit threshold in Texas?
An estate generally qualifies if it does not exceed 75,000 dollars in assets, not counting the homestead and other exempt property, and additional conditions apply, such as a waiting period after death.
Can I avoid probate in Texas?
You can reduce what passes through probate using a funded trust, beneficiary designations, and joint ownership with rights of survivorship, but you still need a will to name a guardian for minor children and to cover anything left outside those arrangements.
Whether you need a simple will or a full plan with a trust, FastWill builds documents that match Texas's specific rules. See FastWill's plans and pricing and put your Texas estate plan in place today.
