A Texas DIY will is legally valid if you are at least 18 (or married, or in the armed forces), of sound mind, and the document is signed and witnessed by two credible witnesses at least 14 years old, per the Texas Estates Code. Without a valid will, Texas intestacy law decides who inherits, and it does not always match what you would choose.
Who May Make a Will in Texas
Under the Texas Estates Code, a person has legal capacity to make a will if they are at least 18 years old, or under 18 but married, or a member of the armed forces of the United States or an auxiliary branch. Beyond age, you also need testamentary capacity, meaning you understand that you are creating a document that will control your property after death, you know the nature and approximate value of your property, and you can identify the people who would naturally expect to inherit from you.
How to Validate a Will in Texas
Under Texas Estates Code Section 251.051, a will must be in writing and signed by the testator in person, or by someone else in the testator's presence and under the testator's direction. Two or more credible witnesses, each at least 14 years old, must sign the will in the testator's presence. Oral wills are not valid in Texas unless they were made before September 1, 2007.
Holographic Wills in Texas
Texas recognizes handwritten, or holographic, wills without a witness requirement. That said, FastWill generally recommends against relying on one: the formalities are easy to get wrong, including stating your intent to make a will, naming beneficiaries and an executor, and signing and dating each page correctly. A properly built typed will avoids that risk entirely.
Self-Proving Wills in Texas
A self-proving will attaches a notarized affidavit signed by your witnesses, confirming the will was executed properly and that you had testamentary capacity at the time. With a self-proving affidavit in place, your witnesses generally do not need to appear in probate court to verify the will, which can meaningfully speed up the process if a witness has moved, become ill, or died in the years since signing.
Special Deeds That Can Avoid Probate in Texas
Texas offers several deed types that let real estate pass outside of probate. Here is a quick comparison.
Transfer on Death Deed (TODD)
A TODD names a beneficiary directly on the deed, and the property transfers to that person when you die. Under Texas Estates Code Section 114.055, the deed must be signed and recorded in the county where the property is located before you die, or it has no effect. You retain full control of the property, including the right to sell or mortgage it, while you are alive.
Life Estate Deed
A life estate deed transfers the property to your named beneficiaries now, while reserving your right to live in and use the property until you die. Because the beneficiaries hold an ownership interest immediately, you generally cannot sell the property afterward without their agreement.
Lady Bird Deed (Enhanced Life Estate Deed)
Named informally after Lady Bird Johnson, this deed lets you sell, mortgage, or otherwise use the property as if you still owned it outright, while automatically transferring it to your named beneficiaries at death if you still own it then. Unlike a standard life estate deed, you do not need beneficiary consent to sell or refinance during your lifetime.
A Worked Example
Say you own a home in Texas with no mortgage and want your daughter to inherit it without probate, but you also want the flexibility to sell if you ever need to move into assisted living. A Lady Bird deed accomplishes both: your daughter automatically receives the home if you still own it when you die, but you keep full control to sell or refinance in the meantime. A standard TODD would accomplish the first goal but is functionally similar in flexibility; a life estate deed would restrict your ability to sell without your daughter's consent.
Common Mistakes in Texas DIY Wills
- Using a witness who does not meet the 14-year minimum age.
- Assuming a handwritten will skips all formalities. It skips witnessing, not the other required elements.
- Recording a TODD after the person has already died, which makes it invalid.
- Forgetting that special deeds handle real estate only. Other assets still need to be addressed in your will.
How FastWill Handles This
FastWill's Texas will builder is built around these exact rules, and our related guide on drafting an online will in Texas covers the execution checklist in more depth. For the broader picture beyond your will, see our full Texas estate planning guide. Review your will annually and any time you go through a major life change: birth, adoption, marriage, divorce, remarriage, a move, or buying and selling property.
Frequently Asked Questions
What is testamentary capacity?
It means you understand you are creating a will, you know the nature and approximate value of your property, and you can identify the people who would naturally expect to inherit from you. It is a relatively low legal bar, not a medical diagnosis.
Are handwritten wills valid in Texas?
Yes, Texas recognizes holographic wills without a witness requirement, but FastWill recommends a properly executed typed will instead, since holographic wills are more frequently challenged over formality and clarity issues.
What is the difference between a TODD and a Lady Bird deed?
Both transfer real estate outside of probate. A standard TODD is simpler; a Lady Bird deed gives you slightly more explicit flexibility to sell or mortgage the property during your lifetime without needing beneficiary sign-off.
Do I still need a will if I use a Transfer on Death Deed?
Yes. A TODD only covers the specific property named in the deed. Bank accounts, vehicles, personal property, and any other real estate still need to be addressed in your will.
How often should I update my Texas will?
Review it at least once a year and after any major life event, including birth, adoption, death, marriage, divorce, remarriage, a move, or a significant change in what you own.
