The mistakes that most often invalidate or weaken a will in Texas come down to a handful of execution errors: missing or wrong witnesses, no signature, an unclear residuary clause, and skipping the self-proving affidavit. A will done right, following Texas's statute, still holds up. Done wrong, it can cost your family a contested, drawn-out probate.
Key Takeaways
- Texas requires specific execution formalities under Texas Estates Code Section 251.051, and missing even one step can make a will invalid.
- A missing or improperly witnessed signature is the single most common reason a Texas will gets thrown out or contested.
- Skipping Texas's self-proving affidavit under Texas Estates Code Section 251.1045 does not void the will, but it can force your witnesses into probate court later.
- A DIY will, done carefully and following Texas's rules, is legally valid; the mistakes below are what actually cause problems, not the DIY format itself.
If you are writing or reviewing a Texas will, build it around Texas's formalities from the first draft, not fixed after the fact. The mistakes below are what actually cause problems.
Getting the Witness and Signature Requirements Wrong
A Texas will must be signed by the testator and attested by two credible witnesses who are at least 14 years old and who sign in their own handwriting in the testator's presence, under Texas's will execution statute. The most common execution mistakes are: only one witness signs, a witness is not present when the testator signs, the testator signs but forgets to have witnesses sign at all, or a beneficiary signs as one of the two witnesses, which can raise questions about whether that person can still inherit under the will.
None of these mistakes are complicated to avoid. Sign the will with both witnesses in the room at the same time, use witnesses who are not named in the will, and make sure every signature line is actually signed, not left blank.
Leaving the Testator's Signature Off the Document
It sounds obvious, but an unsigned will is one of the most common DIY mistakes. Someone fills out a will template, prints it, has witnesses sign, and never signs it themselves, or signs a draft copy instead of the final version. Under Texas's will execution statute, the testator's own signature is not optional, and a will missing it is not a valid will in Texas, no matter how complete the rest of the document is.
Writing Ambiguous or Contradictory Bequests
Vague language creates the openings that lead to will contests. Leaving "my jewelry" to one child and "my personal belongings" to another, without saying which items fall under which term, forces a probate court to guess at your intent. Naming the same asset in two different clauses is just as bad. Be specific: name the asset, name the person.
Skipping the Residuary Clause
A residuary clause covers everything you own that is not specifically named elsewhere in the will: an account you opened after signing, a piece of property you forgot to list, or anything acquired later. Without one, any asset not specifically mentioned passes under Texas's intestacy laws instead of to the person you actually want to have it, even though the rest of your will is valid. Every will needs a residuary clause, no exceptions.
Getting Amendment and Revocation Wrong
Crossing out a line by hand, attaching a sticky note, or stapling in a new page after a will is signed does not update it under Texas law. Changes have to go through a codicil (a formal amendment, signed and witnessed the same way as the original will) or a brand-new will that explicitly revokes the old one. Keeping two unrevoked wills around, or a will with handwritten edits nobody witnessed, is exactly the kind of ambiguity that ends up in probate court.
Skipping the Self-Proving Affidavit
Lets a testator and witnesses sign a combined attestation and self-proving affidavit at the same time, so the witnesses will not have to appear in probate court later, under Texas's self-proving affidavit rule. Skipping this step does not make your will invalid, but it means that when the will is offered for probate, the court may need your witnesses to show up and testify, or submit a sworn statement, years after the will was signed. People move, lose touch, or pass away themselves. A self-proving step done at signing avoids that problem entirely.
Misusing a Handwritten Will
Texas is one of the few states that recognizes a holographic will: a document that is entirely in the testator's own handwriting and signed, with no witnesses required. That exception does not extend to typed wills, and a holographic will still has to be proven up in probate, which is slower than a self-proved witnessed will.
Common DIY Form Errors
Generic templates downloaded from a search result often use language written for a different state and never get updated to match Texas's formalities. Common errors include blank fields left unfilled, a template referencing another state's probate code, no backup executor, and no named guardian for minor children. A DIY will built around Texas law and filled out completely is legally valid; a generic or incomplete one is the real problem.
Not Updating the Will After a Major Life Change
A will that was accurate when signed can become outdated fast. Marriage, divorce, a birth, the death of a named executor or beneficiary, and moving to a new state are all reasons to revisit your will rather than assume it still reflects your current wishes.
Most of these mistakes are avoidable with a will built around Texas's actual rules from the start. FastWill's will builder walks you through Texas's execution requirements, a residuary clause, and a self-proving affidavit step, so your will holds up the first time.
Frequently Asked Questions
Does a DIY will hold up in Texas?
Yes, as long as it meets Texas's execution requirements under Texas Estates Code Section 251.051: signed by the testator and properly witnessed. A DIY will is not automatically weaker than an attorney-drafted one; the mistakes above are what cause problems, not the format.
What is the single most common reason a Texas will gets contested?
Execution errors, mainly a missing signature or a witness problem, cause most contests, followed closely by ambiguous language that leaves a court guessing at what the testator meant.
Can I just cross out a line and initial it to change my will?
No. Handwritten changes to a signed will are not a valid way to amend it in most cases. Use a formal codicil, signed and witnessed the same way as the original will, or write a new will that revokes the old one.
Do I need a self-proving affidavit for my will to be valid?
No, but skipping it means your witnesses may need to testify or submit a sworn statement when the will is offered for probate. A self-proving step, done at signing, avoids that entirely under Texas Estates Code Section 251.1045.
Should I name a backup executor?
Yes. If your named executor cannot serve, whether from death, illness, or simply declining, the court needs a named backup or has to appoint someone without your input. Always name at least one alternate.
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