How to Make a Valid Will in Texas
Texas has specific rules about who can make a will, how it must be signed, how many witnesses are needed, and whether notarization is required. Here's everything you need to know about creating a valid last will and testament in TX.
Texas Will Requirements at a Glance
Who Can Make a Will in Texas?
You must be at least 18 years old to make a will in Texas. 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). 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
Signing Requirements
Must be in writing. Can be typed, printed, or entirely handwritten (holographic). Electronic wills are not currently recognized in Texas. If you are physically unable to sign, 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. 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)
Notarization in Texas
Notarization is not required for a will to be valid in Texas. Not required for validity. Required for a self-proving affidavit
Self-Proving Affidavit
Texas allows a self-proving affidavit, which simplifies probate by eliminating the need for witnesses to testify in court. 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)
Handwritten (Holographic) Wills
Texas does recognize holographic wills. 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
Texas does not currently recognize electronic wills. Texas does not currently recognize electronic wills. Legislative proposals have been introduced but not enacted as of 2026. A will must be physically written and signed
How to Revoke a Will in Texas
In Texas, a will can be revoked by:
- •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
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
Relevant Texas Statutes
- Tex. Est. Code 251.001 (Who may make a will)
- Tex. Est. Code 251.051 (Written, signed, and attested)
- Tex. Est. Code 251.052 (Exception for holographic wills)
- Tex. Est. Code 251.104 (Self-proving affidavit requirements)
- Tex. Est. Code 251.1045 (Self-proving holographic will)
- Tex. Est. Code 253.002 (Revocation)
- Tex. Est. Code 254.002 (Interested witnesses)
Ready to draft your Texas will?
Our free tool asks plain-English questions and generates a draft formatted for Texas's requirements.
Get Started — Free