Last Will and Testament in Texas
A simple will form for straightforward estates. A will is valid only if it is signed and witnessed exactly as your state requires (below); one that is not executed correctly may be ignored by the court. Larger estates, blended families, trusts for minor children or business interests are worth a lawyer's review.
What Texas law says
| 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. |
|---|---|
| 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. |
| 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. |
Fill it in
Nothing you type leaves your browser. Replace anything still highlighted, and keep a signed copy.
LAST WILL AND TESTAMENT OF [your full name]
I, [your full name], of [city, county and state], being of sound mind, make this my will and revoke all earlier wills and codicils.
1. Executor. I name [executor name] as personal representative (executor). If they cannot serve, I name [alternate executor name].
2. Specific gifts. I give [item or amount] to [beneficiary name].
3. Everything else. I give the rest of my property to [beneficiaries and shares]. If a beneficiary does not survive me by 30 days, their share goes to [alternate beneficiary].
4. Guardian. If I have minor children, I name [guardian name] as guardian, and [alternate guardian name] as alternate.
Signed on [date signed] at [city and state]. Signature: ____________________
Witnesses: we signed below in the presence of the person making this will and of each other, as required by state law. Witness 1: [witness 1 name and address] ____________ Witness 2: [witness 2 name and address] ____________
[Notary or self-proving affidavit, if your state provides one]
Last Will and Testament for other states · Texas tenant rights
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.