How to Make a Valid Will in Texas
What Texas law requires for a valid will: age, signing, witnesses, handwritten wills and self-proving affidavits.
Short answer: A person of sound mind may make a will if 18 or older, is or has been married, or is serving in the U.S. armed forces (or an auxiliary or the U.S. Maritime Service). Tex. Estates Code §§ 251.001, 251.051
| Requirements for a valid will | A person of sound mind may make a will if 18 or older, is or has been married, or is serving in the U.S. armed forces (or an auxiliary or the U.S. Maritime Service). The will must be in writing, signed by the testator (or by another person in the testator's presence and at the testator's direction), and attested by two or more credible witnesses at least 14 years old who sign in the testator's presence. |
|---|---|
| Handwritten (holographic) wills | Yes. A will written wholly in the testator's handwriting does not need to be attested by witnesses. It can be made self-proved during the testator's lifetime by attaching the testator's own affidavit. |
| Self-proving affidavit | Yes. The testator and the attesting witnesses sign a self-proving affidavit before an officer authorized to administer oaths (such as a notary), who affixes an official seal; it is attached to the will. Alternatively, the will can be executed, attested and made self-proved at the same time using statutory language. A self-proved will can be admitted to probate without witness testimony. |
More Texas estate law
- Medical Power of Attorney in Texas
- Small Estate Affidavit in Texas
- Power of Attorney in Texas
- Quitclaim Deeds and Transferring Property in Texas
- Who Inherits If You Die Without a Will in Texas
- How Probate Works in Texas
- Living Wills and Advance Directives in Texas
- Revocable Living Trusts in Texas
- Executor Duties in Texas
- Letters Testamentary in Texas
- Affidavit of Heirship in Texas
- How to Avoid Probate in Texas
- Transferring a Car After Someone Dies in Texas
- All Texas wills, probate and estate rules
FAQ
What makes a will valid in Texas?
A person of sound mind may make a will if 18 or older, is or has been married, or is serving in the U.S. armed forces (or an auxiliary or the U.S. Maritime Service). The will must be in writing, signed by the testator (or by another person in the testator's presence and at the testator's direction), and attested by two or more credible witnesses at least 14 years old who sign in the testator's presence.
Is a handwritten will valid in Texas?
Yes. A will written wholly in the testator's handwriting does not need to be attested by witnesses. It can be made self-proved during the testator's lifetime by attaching the testator's own affidavit.
Does a will need to be notarized in Texas?
Yes. The testator and the attesting witnesses sign a self-proving affidavit before an officer authorized to administer oaths (such as a notary), who affixes an official seal; it is attached to the will. Alternatively, the will can be executed, attested and made self-proved at the same time using statutory language. A self-proved will can be admitted to probate without witness testimony.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.