To make a valid will in Texas, you must be at least 18 years old and of sound mind, put your wishes in writing, sign the document, and have it witnessed by two credible people who are at least 14 years old. Texas does not require notarization for a will to be valid, though notarizing a self-proving affidavit speeds up probate later.
Texas keeps the process of writing a will simpler than most states. There is no requirement to hire a lawyer, no filing with a court while you are alive, and no waiting period. You can build a legally valid Texas will online, sign it correctly, and be done. This guide walks through why a will matters, exactly what Texas law requires, and the steps to write one that holds up in probate court.
Why You Need a Will in Texas
A will is the legal document that controls who gets your property, who raises your minor children, and who is in charge of settling your affairs after you die. Without one, Texas intestacy law makes those decisions for you, and the result rarely matches what a person would have chosen. For a full breakdown of what happens when there is no will, see what happens if you die without a will in Texas.
Beyond property distribution, a will lets you name an executor you trust, name a guardian for minor children, and set up a faster, less expensive probate process for your family. You can build all of this with FastWill's Texas will package in about the time it takes to read this article.
Requirements for a Valid Will in Texas
Under the Texas Estates Code Section 251.051, a formally attested will must be:
- In writing (typed or handwritten)
- Signed by the testator (the person making the will), or by someone else in the testator's presence and at their direction
- Signed by two credible witnesses who are at least 14 years old, in the testator's presence
You must also be at least 18 years old (or legally married, or a member of the armed forces) and of sound mind, meaning you understand what a will is, what you own, and who would naturally inherit from you. This is called testamentary capacity and intent.
Texas does not require a will to be notarized. However, adding a self-proving affidavit, which does require a notary, means your witnesses will not have to appear in probate court to verify their signatures. This alone can save your executor weeks of delay.
Holographic (Handwritten) Wills in Texas
Texas is one of the states that recognizes a holographic will: a will written entirely in the testator's own handwriting and signed, with no witnesses required at all under Texas Estates Code Section 251.052. It sounds convenient, but it creates real problems in probate. Someone has to testify that the handwriting is genuinely yours, and without witnesses, it is far easier for a family member to challenge whether you had capacity or were pressured into it. A properly witnessed, self-proving will avoids all of that friction.
Steps to Write Your Own Will in Texas
- List your assets. Real estate, bank and investment accounts, vehicles, retirement accounts, and personal property.
- Choose an executor. Name someone you trust to manage your estate, plus a backup in case they cannot serve.
- Name your beneficiaries. Identify who inherits what, using full legal names and relationships.
- Name a guardian for minor children. Always name at least one alternate.
- Spell out asset distribution. Be as specific as you want, down to individual items.
- Add a residuary clause. This directs anything you did not specifically mention, so nothing falls through the cracks.
- Name alternate beneficiaries. In case a primary beneficiary predeceases you.
- Sign with two witnesses. Both must be at least 14 and should not be beneficiaries under the will.
- Store it safely. Keep the original somewhere secure and accessible, not in a safe deposit box, and tell your executor where it is.
- Review it periodically. Revisit after marriage, divorce, a new child, a move, or a major purchase.
How FastWill Simplifies the Process
FastWill's Texas will package walks you through each of these steps online, applies Texas-specific execution requirements automatically, and gives you a document ready to sign with witnesses. If your estate includes more complex planning needs, such as a trust to avoid probate entirely, FastWill also offers a trust package, and you can compare all options on the plans and pricing page.
If your estate plan involves more than a will, start with the Texas estate planning guide for a full overview of wills, trusts, powers of attorney, and healthcare directives in the state.
Frequently Asked Questions
Do I need a lawyer to make a will in Texas?
No. Texas law does not require an attorney to draft or execute a will. You do need to meet the statutory requirements for signing and witnessing, which FastWill's platform builds in automatically.
Does a Texas will need to be notarized?
No, notarization is not required for the will itself to be valid. It is required only if you want to add a self-proving affidavit, which makes probate faster by removing the need for witnesses to testify in court.
Can my spouse or a beneficiary witness my will?
Texas law does not automatically invalidate a will because a beneficiary served as a witness, but it is best practice to use two disinterested witnesses who have nothing to gain under the will, to avoid any argument later.
What happens if I write a will but do not sign it correctly?
An improperly executed will can be thrown out in probate court, and your estate would then be distributed as if you had no will at all, under Texas intestacy law.
Can I change my Texas will later?
Yes. You can revoke and replace a will at any time while you have capacity, either by creating a new will that states it revokes prior wills, or by physically destroying the old one with intent to revoke it.
