A simple will in Texas is a will for people with straightforward estates: one set of beneficiaries, no complex trusts, and no business succession issues. To write one, you inventory your assets, name an executor and beneficiaries, name a guardian if you have minor children, and sign the document in front of two witnesses who are at least 14 years old.
Most people assume estate planning means hours with a lawyer and a stack of paperwork. For the majority of Texans, it does not have to. If your situation is uncomplicated, a simple will covers everything you need and takes a fraction of the time. Here is exactly what a simple will requires in Texas and the order in which to tackle it.
Why Most Texans Only Need a Simple Will
More than half of Texans do not have a will of any kind. When someone dies without one, Texas intestacy law decides who inherits, and the outcome frequently surprises the people left behind. See what happens if you die without a will in Texas for the full breakdown. A simple will fixes this: you name your own executor, your own beneficiaries, and your own guardian for minor children, and your estate can move through Texas's streamlined independent administration process instead of a fully court-supervised one.
Step 1: Inventory Your Assets
Start with a complete list of what you own: cash, real estate, vehicles, bank and investment accounts, artwork, jewelry, collectibles, insurance policies, cryptocurrency, and any digital assets. Note that assets with an existing beneficiary designation, such as life insurance or a retirement account, pass directly to that named person and do not go through your will.
Step 2: Name Your Beneficiaries and Executor
A beneficiary is anyone who will inherit under your will. List full legal names, relationships, and contact details so your executor can find them. An executor is the person who carries out your instructions, pays debts, and distributes assets. Under the Texas Estates Code Section 304.003, an executor cannot be someone who is incapacitated, a felon whose rights have not been restored, or found unsuitable by the court. A nonresident of Texas can still serve as executor, but only if they appoint a Texas resident agent to accept legal service on the estate's behalf. Always name a backup executor in case your first choice cannot serve.
Step 3: Understand Your Will Options
A simple will is the right fit for most people. Two other structures exist for specific situations: a pour-over will, which catches any assets you did not get around to transferring into a trust during your lifetime (unnecessary if you do not have a trust), and a joint will, a single document meant to bind a married couple to one plan. Texas courts generally discourage joint wills because they are hard to revise later; two separate simple wills accomplish the same goal with more flexibility.
Step 4: Meet Texas's Legal Requirements
Under Texas Estates Code Section 251.051, your will must be:
- In writing
- Made by someone at least 18 years old (or married, or in the armed forces) and of sound mind
- Signed by you, or by someone else in your presence and at your direction
- Signed by two credible witnesses who are at least 14 years old
Witnesses should not be beneficiaries under your will. While Texas does not void a will solely because a beneficiary witnessed it, using disinterested witnesses avoids any argument that the will was the product of pressure.
Step 5: Draft the Will
FastWill's Texas will package walks you through drafting a document that meets every requirement above: your identity as testator, your executor and backup executor, your beneficiaries, and a guardian for any children under 18.
Step 6: Know When to Revise It
Revisit your will after any of these events:
- Marriage or divorce
- Birth or adoption of a child
- A move to a new state
- A significant career or income change
- Buying or selling property
Step 7: Execute It Correctly
Sign and date the will in front of two qualified witnesses. Notarization is not required for the will itself, but adding a self-proving affidavit, which does require a notary, means your witnesses will not have to appear in probate court later to verify their signatures. FastWill partners with a remote online notary so you can complete this step from home with your witnesses.
Once your simple will is done, consider whether you also need a living will or a power of attorney to cover medical and financial decisions if you become incapacitated. For the full picture of Texas estate planning, start with the Texas estate planning guide, or compare document bundles on the plans and pricing page.
Frequently Asked Questions
What makes a will "simple" in Texas?
A simple will covers straightforward estates: a single set of beneficiaries, no ongoing trusts, and no complicated business or blended-family provisions. It still must meet the same execution requirements as any other Texas will.
Can I write a simple will without a lawyer in Texas?
Yes. Texas does not require an attorney to draft or execute a will, as long as you meet the statutory signing and witnessing requirements.
Do both witnesses need to be adults?
No. Texas only requires witnesses to be at least 14 years old and credible, meaning legally competent to testify if needed.
Can a nonresident of Texas serve as my executor?
Yes, but only if that person appoints a Texas resident agent to accept legal service of process for the estate.
Is a joint will a good option for married couples in Texas?
Generally no. Texas courts view joint wills unfavorably because they are difficult to amend after one spouse dies. Two separate simple wills usually serve a married couple better.
