How to Write a Will in Texas (2026 Guide)

This is general legal information for Texas, not legal advice. Will laws change, and specific situations can have exceptions. For any complex case, consult a licensed attorney in Texas.

Why Having a Will Matters

A will is the simplest, clearest way to say what happens to your property, your minor children, and your affairs after you die. Without one, you die "intestate" and Texas’s default inheritance rules (called intestate succession) take over. Those rules are rigid and generic — they do not know your relationships, your intentions, or the people you care about most. They follow a fixed formula.

The cost of skipping a will is not hypothetical. It plays out the same way in Texas as everywhere else: unmarried partners locked out, stepchildren with nothing, pets in shelters, court-appointed administrators, family disputes over items and money, and a probate process that is slower, messier, and more expensive than it needed to be. Whatever you own — even if you think it’s "not much" — someone will have to deal with it after you’re gone. A will decides whether that someone is you or a judge.

A simple Texas will takes about ten minutes to draft using a free tool and costs nothing. You can start drafting yours now. The rest of this guide walks you through what makes a will legally valid in Texas and how to avoid the technical mistakes that most commonly cause wills to be thrown out.

Texas Will Requirements at a Glance

• Minimum age: 18 years old (A person who is or has been lawfully married, or a member of the armed forces, an auxiliary thereof, or the maritime service, may make a will regardless of age (Tex. Est. Code 251.001))
• Written form: Must be in writing. Can be typed, printed, or entirely handwritten (holographic). Electronic wills are not currently recognized in Texas
• Witnesses required: 2
• Notarization: Not required for a standard signed will
• Self-proving affidavit: Yes — recommended, it speeds up probate later
• Holographic (handwritten) wills: Yes
• Electronic wills: No

Testamentary Capacity

The testator must be of sound mind: understand the nature and effect of the testamentary act, know the general nature and extent of their property, and know their next of kin and the natural objects of their bounty

Signature Requirements in Texas

You must personally sign the will. Texas does allow proxy signing in specific cases: Another person may sign on the testator's behalf in the testator's presence and under the testator's direction (Tex. Est. Code 251.051)

Witness Requirements in Texas

Texas requires 2 witnesses. Must be credible witnesses who are at least 14 years of age

Presence rules: Witnesses must subscribe their names to the will in their own handwriting in the testator's presence (Tex. Est. Code 251.051)

Interested witnesses: An interested witness does not automatically invalidate the will. However, if an interested witness is one of only two attesting witnesses, their inheritance may be void unless corroborated by disinterested evidence (Tex. Est. Code 254.002)

The safest approach in every state, including Texas, is to use witnesses who are adults, not beneficiaries under the will, and not the person you’ve named as executor. This avoids any question about whether a witness’s inheritance could be "purged" for being an interested party.

Notarization and Self-Proving Affidavits

Texas does not require a will to be notarized to be valid. A signed and witnessed will is enough. Not required for validity. Required for a self-proving affidavit

Texas does allow a self-proving affidavit, which is a short notarized document attached to the will where you and your witnesses swear under oath that everything was signed properly. It is optional, but it is strongly recommended — a self-proving affidavit means the probate court can admit the will without having to contact your witnesses later. The testator and attesting witnesses must sign a self-proving affidavit before an officer authorized to administer oaths (notary), who affixes their official seal. The affidavit must be attached or annexed to the will. May be made at execution or later (Tex. Est. Code 251.104)

Holographic, Electronic, and Oral Wills in Texas

Holographic (handwritten) wills: Recognized in Texas. A will written wholly in the testator's own handwriting is valid without attesting witnesses. Must be entirely in the testator's handwriting and signed by the testator (Tex. Est. Code 251.052)

Electronic wills: Not currently recognized in Texas. Stick with a printed, physically signed will.

Nuncupative (oral) wills: Not recognized in Texas.

How to Revoke or Update a Texas Will

If you already have a will and want to change it, Texas recognizes these revocation methods: Executing a subsequent will that revokes the prior will or is wholly inconsistent, Destroying or canceling the will, or causing it to be destroyed or canceled in the testator's presence. Tex. Est. Code 253.002. Texas does not recognize partial revocation by physical act. A self-proved will may be revoked in the same manner as a non-self-proved will

The cleanest approach is to draft a new will that starts with the sentence "I revoke all previous wills and codicils," then sign it with the proper witnesses. Destroy old copies when you do. Small updates can technically be done by codicil (a formal amendment), but a fresh will is usually easier to read and harder to contest.

Special Provisions in Texas

Texas is a community property state. Each spouse owns an undivided one-half interest in community property. No elective share statute. Witnesses must be at least 14 (younger than most states). Texas has a unique homestead protection that cannot be overridden by will if a surviving spouse or minor children exist. Nuncupative wills were abolished effective September 1, 2007

Step-by-Step: Writing a Valid Texas Will

1. Take inventory. Bank accounts, vehicles, property, valuables, digital assets, pets.
2. Decide who gets what. Be specific for items that matter (names, addresses, account identifiers). Use a residuary clause ("everything else goes to...") to catch anything you forget.
3. Name an executor. The person who handles your estate. Pick someone trustworthy, organized, and likely to outlive you. Name a backup too.
4. Name a guardian for minor children if you have kids under 18. This is the single most important reason for a will if you’re a parent.
5. Draft the document. Our free drafting tool generates a Texas-specific will in about 10 minutes, with all the correct clauses in the correct order.
6. Print the will. Don’t rely on a digital copy for signing.
7. Sign in front of 2 adult witnesses who are not named as beneficiaries. You all need to be in the same room at the same time. You sign first, they sign while watching.
8. Sign the self-proving affidavit in front of a notary. This is optional but speeds up probate later.
9. Store it somewhere findable. A fireproof home safe is the standard choice. Tell your executor where it is.
10. Review every few years and after major life events (marriage, divorce, new child, moving out of Texas, major asset changes).

Common Texas Will Mistakes to Avoid

• Wrong number of witnesses. Texas requires 2. More is fine; fewer invalidates the will.
• Using a beneficiary as a witness. Can cause the beneficiary’s share to be "purged" (forfeited).
• Not signing in the witnesses’ presence. The signing has to happen as a ceremony, with everyone in the same room.
• Forgetting a residuary clause. Without it, anything you didn’t specifically mention falls into intestate succession.
• Storing the will where nobody can find it. An unfindable will is the same as no will.
• Not updating after major life events. An ex-spouse named in an old will can still inherit in some situations.

Need to Check Details?

You can also read the full Texas will requirements and the Texas estate planning guide for background on intestate succession, probate, and related topics.

Start Your Texas Will Now

The easiest way to get a valid Texas will done today is our free drafting tool. It walks you through the questions, generates a Texas-specific document with the correct clauses, and gives you signing instructions tailored to Texas’s requirements. No account, no cost, nothing stored on our servers. You’ll have a draft ready in about ten minutes.

Whatever you decide, decide. A simple will is one of the most meaningful things you can leave the people you love — and it’s one of the easiest things to put off until it’s too late.