⸺ On this page
1. What Texas law requires
2. The self-proving affidavit
3. Handwritten wills: legal, and usually a mistake
4. What a good Texas will actually contains
5. What a will does not do
6. How we do it
7. Frequently asked questions
What Texas law requires
Texas recognizes two kinds of wills. Most people should sign the first kind.
Attested will (the typed, witnessed will)
Texas Estates Code § 251.051 requires that the will be:
- In writing.
- Signed by the testator in person, or by another person on the testator’s behalf, in the testator’s presence and under the testator’s direction.
- Attested by two or more credible witnesses who are at least 14 years old and who subscribe their names in their own handwriting in the testator’s presence.
“In the testator’s presence” is not a formality to be improvised. Best practice — and the standard this firm follows — is that the testator and both witnesses are in the same room and sign in an unbroken sequence.
Who may make a will
Under Texas Estates Code § 251.001, you must be at least 18 years old, or lawfully married, or a member of the United States armed forces or maritime service, and you must be of sound mind. Testamentary capacity in Texas means you understand that you are making a will, know the general nature and extent of your property, and know the natural objects of your bounty — that is, the people who would ordinarily expect to inherit.
Texas Estates Code § 251.051
“[A] last will and testament must be: (1) in writing; (2) signed by the testator in person or by another person on behalf of the testator in the testator’s presence and under the testator’s direction; and (3) attested by two or more credible witnesses who are at least 14 years of age
The self-proving affidavit
A self-proving affidavit is a separate sworn statement, signed by you and both witnesses before a notary, attached to the will. It is optional under Texas Estates Code §§ 251.101–251.104. It is also the difference between a smooth probate and a difficult one.
Without it, the court generally needs testimony from one of your witnesses to admit the will. Wills are often probated fifteen or twenty years after signing. Witnesses die, move, change their names, and become impossible to locate. Your executor then has to prove the will another way, which costs time and money.
What this means in practice. With a self-proving affidavit, the will is admitted on the strength of the document itself. Every will we draft includes one, and we handle the notary at your signing appointment.
Handwritten wills: legal, and usually a mistake
Texas is one of the states that still honors the holographic will. Under Estates Code § 251.052, a will written wholly in the testator’s own handwriting and signed by the testator does not need witnesses at all.
People hear that and reach for a legal pad. Here is what we see when those wills reach probate:
“Wholly” means wholly. A fill-in-the-blank form completed by hand is not a holographic will. Printed text mixed into the dispositive provisions can defeat it entirely.
No independent administration. Without that language, the estate may fall into a supervised, bonded administration — the expensive kind.
No named executor, so the court appoints an administrator, sometimes not the person you had in mind.
Cannot be self-proved. Someone must testify to your handwriting.
Ambiguity. “My house to the kids” sounds clear until there are two houses, four kids, and a mortgage.
If you already have a handwritten will: don’t destroy it. Bring it in. It may well be valid, and until a properly executed will replaces it, it may be the only thing standing between your family and intestacy.
What a good Texas will actually contains
| Provision | Why it belongs there |
|---|---|
| Independent executor + waiver of bond | Keeps administration out from under court supervision (Estates Code Ch. 401). The biggest cost saver in the document. |
| Successor executors | Your first choice may predecease you, decline, or be unable to serve. |
| Guardian nomination for minor children | Tells the court who you want raising your children, and who you do not. |
| Minor’s or contingent trust | Prevents an 18-year-old from receiving a lump sum outright. |
| Specific bequests | Named items to named people, described precisely enough to be identified. |
| Residuary clause | Catches everything not otherwise disposed of. A will without one creates partial intestacy. |
| Community and separate property language | Texas is a community property state; the will should address only what you actually have power to give. |
| Simultaneous death / survivorship clause | Handles the accident that takes two people at once. |
| Self-proving affidavit | Admits the will without live witness testimony. |
| No-contest (in terrorem) clause | Discourages challenges. Enforceable in Texas within statutory limits, and worth drafting carefully. |
What a will does not do
A will is powerful and also narrow. It governs probate assets at your death. That leaves large categories untouched:
- It does nothing while you are alive. Incapacity is handled by a durable power of attorney and medical directives, not by a will.
- It does not override beneficiary designations. Life insurance, 401(k)s, IRAs, and payable-on-death accounts pass to whoever is named on the form. If your will says one thing and the form says another, the form wins. Review those forms.
- It does not override survivorship arrangements. Property held with a valid right of survivorship passes outside the will.
- It does not avoid probate. A will is the instruction manual for probate. To pass real property outside probate, look at a lady bird deed or transfer on death deed.
- It cannot revoke a transfer on death deed. Texas Estates Code § 114.057(b) is explicit: a will may not revoke or supersede a TOD deed. This trips people up constantly.
- It is not private. A probated will becomes a public record. If privacy is the goal, that points toward a living trust.
How we do it
01
Book a consult
Fifteen minutes. What you own, who’s in the picture, what you’re worried about. We’ll tell you the scope and what it costs.
02
Draft and review
We draft, then walk you through the document provision by provision until you can explain it back to us.
03
Signing ceremony
Two witnesses in the room with you, plus a notary for the self-proving affidavit. We supply all three and run the formalities correctly.
Most wills finish in several weeks. Consults and review meetings can happen by video; the signing has to be in person, because Texas requires the witnesses to be in your physical presence.
Frequently asked questions
What makes a will valid in Texas?
Under Texas Estates Code § 251.051, a typed (attested) will must be in writing, signed by the testator or by another person at the testator’s direction and in the testator’s presence, and attested by two or more credible witnesses aged at least 14 who sign their names in the testator’s presence. Under § 251.001, the testator must be at least 18, or married, or a member of the U.S. armed forces or maritime service, and must be of sound mind.
Does a Texas will have to be notarized?
No. The will itself does not require notarization to be valid. Notarization applies to the optional self-proving affidavit under Texas Estates Code §§ 251.101–251.104, which is signed before a notary by the testator and both witnesses. You should always include it — it is what lets the will be admitted to probate without tracking down the witnesses years later.
Is a handwritten will legal in Texas?
Yes. Texas recognizes holographic wills under Estates Code § 251.052: the document must be wholly in the testator’s own handwriting and signed by the testator. No witnesses are required. It is legal — and it is also where a large share of Texas will contests begin, because handwritten wills routinely omit an executor, omit independent administration language, describe property ambiguously, and cannot be self-proved.
What is an independent executor and why does it matter?
An independent executor administers the estate with minimal court supervision under Texas Estates Code Chapter 401. No court approval for each transaction, no annual accountings in most cases. It is the single biggest cost-saving provision in a Texas will. A will that fails to name an independent executor and waive bond can turn an inexpensive probate into a supervised, bonded, court-heavy one.
Can I disinherit my spouse or child in Texas?
You can generally disinherit an adult child. You cannot fully disinherit a spouse, because Texas community property law gives your spouse ownership of their half of the community estate regardless of your will, and homestead rights, exempt property, and the family allowance also protect a surviving spouse. Disinheritance clauses need careful drafting; done badly they invite a will contest.
Does Texas recognize electronic or video wills?
No. Texas does not recognize a purely electronic will, an audio recording, or a video as a valid will. A video of you explaining your wishes can be useful evidence of capacity and intent, but it is not a will. The signed paper document is what governs.
How often should I update my will?
Review it after any marriage, divorce, birth, adoption, death of a named beneficiary or executor, move to or from Texas, or significant change in assets — and otherwise every three to five years. Divorce in Texas revokes gifts and fiduciary appointments in favor of a former spouse, but relying on that default instead of updating the document leaves gaps.
Written and reviewed by Jireh Davis, J.D., MBA
Attorney and mediator at J. Davis Law & Mediation. Licensed in Texas. Practice focused on estate planning, probate, and business law for families and owners across Harris, Fort Bend, Montgomery, Tarrant, and Dallas Counties.
Last reviewed: September 2026 · Citations are to the Texas Estates Code, Texas Property Code, and federal law as noted.
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