Wills by state
How to Make a Will in Texas
What Texas law requires for a valid will, how signing works, and the details that trip people up — in plain English.
Texas will requirements at a glance
18+
You must be at least 18 and of sound mind.
2 witnesses
Two adult witnesses must watch you sign (or acknowledge) your will and sign it themselves. Witnesses generally should not be people who inherit under the will.
Not required for validity
A notary is not what makes the will valid — but notarizing a self-proving affidavit (below) is strongly recommended.
Available
A short notarized statement signed with your witnesses. It lets the probate court accept the will without tracking your witnesses down later.
Recognized
An unwitnessed will in your own handwriting can be valid — but holographic wills are the most-contested kind. A properly witnessed will is far safer.
Yes
Property acquired during marriage generally belongs to both spouses. Your will controls your half — worth understanding before deciding who gets what.
Signing your will in Texas
- 1
Put your wishes in writing
Decide who inherits, who serves as your personal representative (executor), and who would care for minor children. Our guided questions walk you through every decision.
- 2
Gather two adult witnesses
Choose adults who don't inherit under the will. You sign (or acknowledge your signature) in front of them; they sign in front of you.
- 3
Add the self-proving affidavit
You and your witnesses sign a short sworn statement before a notary — usually in the same sitting. This one step saves your family from having to locate witnesses during probate.
- 4
Store it well and tell your executor
Keep the signed original somewhere safe and findable — a fireproof box at home beats a bank safe-deposit box your family can't open. Tell your executor where it is.
Texas specifics worth knowing
Texas is friendly territory for wills: holographic (fully handwritten) wills are recognized, the self-proving affidavit is routine, and a well-drafted will can request independent administration — letting your executor act largely without court supervision, which keeps probate faster and cheaper. Texas is also a community property state, which shapes what each spouse's will can give away.
Texas will FAQs
Does a will need to be notarized in Texas?
No. In Texas, a will is made valid by your signature and two witnesses — not by a notary. However, adding a notarized self-proving affidavit is strongly recommended: it lets the probate court accept your will without needing your witnesses to testify later.
Can I write my own will in Texas?
Yes. Texas recognizes holographic (handwritten, unwitnessed) wills, and you can also create a typed, witnessed will yourself — no lawyer is required. That said, holographic wills are the most frequently contested kind. A guided, properly witnessed will costs little and is far harder to challenge.
What happens if I die without a will in Texas?
Your estate passes under Texas's intestacy laws — a fixed priority list (usually spouse first, then children, then parents, then siblings). Unmarried partners, stepchildren, friends, and charities receive nothing under these defaults, and the court chooses your estate's administrator and your minor children's guardian without your input.
How much does a will cost in Texas?
An attorney-drafted will in Texas typically runs several hundred to a few thousand dollars. With Plan Your After you build your complete estate plan — will, trust, powers of attorney, living will, and HIPAA authorization — free, and pay $149 only when you're ready to finalize and download, including a year of unlimited updates.
This page is general information about Texas law, not legal advice, and laws change. For advice about your specific situation, consult a licensed Texas attorney.
Texas estate planning
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