How to Make a Valid Will in Texas

Texas in depth

Texas is flexible in ways that surprise people: it fully recognizes handwritten wills, it lets 14-year-olds serve as witnesses, and it never requires a notary to make a will valid. But it is unforgiving where it counts. Texas has no harmless-error rule — no judge can rescue a will that was signed the wrong way — and because Texas is a community-property state, what you can actually leave a spouse is not what most people assume.

The statute facts above give you the rules. This section covers where Texas wills actually go wrong, and the protections built into Texas law that you cannot draft around.

Five ways a Texas will goes wrong

Most Texas wills that fail, fail on how they were signed — not on what they say. And unlike a growing number of states, Texas gives you no second chance to fix a botched signing. These are the recurring mistakes.

1. 1

   Notarizing the will instead of getting two witnesses

   A typed Texas will must be attested by two or more credible witnesses who are at least 14 years old and who sign the will in your presence (Estates Code § 251.051). Notarization is not required and is not a substitute — a carefully notarized will signed by only one witness, or none, is simply not executed. And because Texas has no harmless-error rule, there is no courtroom rescue for it. Get the two witnesses; the notary is optional.

2. 2

   Using a beneficiary as one of your witnesses

   A gift to someone who also signs as a witness is at risk only when the will cannot be proved without that witness — for example, if your other witness is also a beneficiary (Estates Code § 254.002). If the second witness is disinterested, or the will is self-proved, the gift stands. Even when the witness is a necessary one, the gift survives if a disinterested, credible person corroborates the testimony, and the witness may still take up to their intestate share. The clean fix is simpler than the exceptions: use two witnesses who inherit nothing.

3. 3

   A "holographic" will that is typed or filled in on a form

   Texas recognizes handwritten wills with no witnesses at all — but only if the will is written wholly in your own handwriting (Estates Code § 251.052). People buy a printed will form, fill in the blanks, and sign it without witnesses. Because the printed words are not in your hand and there are no two witnesses, it is neither a valid holographic will nor a valid attested one.

4. 4

   Skipping the self-proving affidavit

   A Texas will is valid without a self-proving affidavit, but skipping it makes probate harder. The affidavit — sworn by you and both witnesses before a notary, who affixes an official seal (Estates Code § 251.104) — lets the will be admitted without tracking down your witnesses to testify years later (§ 251.102). This is the one document in a Texas will where a notary belongs. Sign it the same day you sign the will.

5. 5

   Signing electronically or by video

   As of 2026, Texas has not adopted electronic wills. Section 251.051 still requires a written document with witnesses who sign in your presence, and Texas's online-notarization law does not turn a PDF into a valid will. A scanned signature or a will "witnessed" over a video call is not a valid Texas will — sign a paper original in wet ink with two witnesses physically present.

Texas protects a spouse through community property, not an elective share

Texas is a community-property state. Almost everything either spouse earns or acquires during the marriage is community property (Family Code § 3.002), and one-half of it already belongs to the surviving spouse — you cannot give away your spouse's half in your will. Your will only controls your own half of the community property plus your separate property (property owned before marriage or received by gift, devise, or descent — Family Code § 3.001).

This is why Texas has no New York-style elective share: the spouse is protected by owning half the marital estate outright, not by a claim against the will. The flip side surprises people — Texas has no forced share, so you can leave a spouse nothing out of your own half and your separate property. A surviving spouse still keeps homestead and family-allowance rights in probate, but there is no statute forcing a minimum inheritance. If that is not your intent, say so in the will.

Handwritten (holographic) wills are valid — but the whole thing has to be in your hand

Texas is one of the states that still honors a purely handwritten will. A will written wholly in the testator's handwriting needs no witnesses and no notary (Estates Code § 251.052). That makes it a genuine emergency option — a valid will you can write alone at a kitchen table.

The catch is the word "wholly." If any dispositive part is typed or printed — including the blanks on a store-bought form — it is not a holographic will, and without two witnesses it is not a valid attested will either. A handwritten will can also be made self-proved during your lifetime by attaching your own affidavit (Estates Code § 251.107), but a typed, witnessed will is far easier to prove and far harder to attack.

Texas gives you no do-over: there is no harmless-error rule

Some states — California since 2009, for example — let a court admit a will that was signed incorrectly if there is clear and convincing evidence the person meant it to be their will. Texas has no such dispensing power anywhere in its Estates Code. If the two-witness formalities of Section 251.051 are not met, the will fails — full stop.

That is exactly why the self-proving affidavit matters so much in Texas. Executed correctly before a notary at signing (Estates Code § 251.104), it lets the will into probate without your witnesses having to appear (§ 251.102). Because there is no safety valve for a defective signing, the discipline is simple: two credible witnesses at least 14 years old, everyone signing in your presence, and a self-proving affidavit attached the same day.

The child you had after signing — and the spouse you divorced

Texas automatically protects a child born or adopted after you sign your will — a "pretermitted child" — who is neither mentioned nor provided for in the will or outside it (Estates Code §§ 255.051–255.052). If you had no living children when you signed, that child takes the share they would have received had you died without a will (§ 255.054); if you did have children and provided for them, the omitted child shares equally in what those children received (§ 255.053). Note that Texas has no equivalent "omitted spouse" statute — marrying after you sign does not rewrite your will for the new spouse the way it does in California.

Divorce, by contrast, is handled for you. If your marriage is dissolved by divorce, annulment, or a void-marriage declaration after you sign, the will is read as if your former spouse — and each of their relatives who is not also your relative — had died before you, unless the will says otherwise (Estates Code § 123.001). You still cannot change a will any other way except by a later will, codicil, or writing executed with the same formalities, or by physically destroying it (§ 253.002). The safe move is to revisit the will after any marriage, divorce, or new child.

Where a Texas will is proved: county court or statutory probate court

Texas has no single "probate court" statewide. In counties with a statutory probate court, that court hears the case; in counties with a county court at law exercising probate jurisdiction, it shares jurisdiction with the constitutional county court; and in the many smaller counties with neither, the county court itself handles probate (Estates Code § 32.002).

You file in the county where the decedent lived — the county of the deceased's domicile or fixed place of residence at death (Estates Code § 33.001). This is the court that decides whether the will was validly executed, which is why the two-witness formalities and a self-proving affidavit carry so much weight. One last practical note: Texas has no statutory fill-in-the-blank will form in its Estates Code (unlike California's), but the Supreme Court of Texas published free approved will forms in 2023 for simple estates — an administrative resource, not a statute.

Common questions about Texas wills

Sources

• Estates Code § 251.001 — Who may execute a will (age, sound mind)
• Estates Code § 251.051 — Written, signed, and attested (two witnesses, age 14+)
• Estates Code § 251.052 — Exception for holographic wills
• Estates Code §§ 251.101–251.104 — Self-proved wills; self-proving affidavit
• Estates Code § 253.002 — Revocation of will
• Estates Code § 254.002 — Bequests to certain subscribing witnesses
• Estates Code §§ 255.051–255.054 — Pretermitted (omitted) child
• Estates Code § 123.001 — Will provisions made before dissolution of marriage
• Estates Code § 32.002 — Original jurisdiction for probate proceedings
• Estates Code § 33.001 — Venue for probate of wills
• Family Code §§ 3.001–3.002 — Separate and community property
• TexasLawHelp — Self-Proving Wills in Texas
• TexasLawHelp — Will Forms Approved by the Supreme Court of Texas

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)