How to Create a Will in Texas
What Is a Will in Texas?
A legal document that outlines how you want your assets distributed and your affairs handled after you pass away.
In Texas, this document is officially known as a Last Will and Testament and is governed by Texas Estates Code §§ 251.001–251.104.
Texas Requirements
| Requirement | Details |
|---|---|
| Minimum Age | 18 years old |
| Witnesses Required | 2 — Two credible witnesses over age 14 must watch you sign and then sign the will themselves. Witnesses should not be beneficiaries. |
| Notarization | Not required — Not required for validity, but a self-proving affidavit (which does require notarization) is strongly recommended to simplify probate. |
| Self-Proving Affidavit | Available — Texas allows a self-proving affidavit (Estates Code § 251.104) signed by the testator and witnesses before a notary, eliminating the need for witness testimony at probate. |
| Holographic (Handwritten) | Allowed — Texas recognizes holographic wills (Estates Code § 251.052) that are entirely in the testator's handwriting and signed by the testator. No witnesses are required. |
| Governing Statute | Texas Estates Code §§ 251.001–251.104 |
How to Create a Will in Texas: Step by Step
- 1
List your assets and debts
Inventory all property, accounts, and obligations. Remember that Texas is a community property state, so identify which assets are community vs. separate property.
- 2
Choose your executor
Select a person to manage your estate. In Texas, you can allow your executor to serve without posting a bond, which saves the estate money — include this language in your will.
- 3
Designate beneficiaries and guardians
Name who receives your assets and, if applicable, who should care for your minor children.
- 4
Draft your will
Include your full name, a statement that this is your will, and clear distribution instructions. State that you revoke all prior wills.
- 5
Sign before two witnesses
Sign your will in front of two witnesses who are at least 14 years old. Both witnesses should sign in your presence.
- 6
Add a self-proving affidavit
Sign a sworn affidavit before a notary with your witnesses. This eliminates the need for witnesses to testify in court during probate.
- 7
Store securely and inform your executor
Keep the original in a safe, accessible place. Texas also allows you to deposit your will with the county clerk.
Will Costs in Texas
What you can expect to pay for a will in Texas, depending on how you create it.
Common Mistakes When Creating a Will in Texas
Confusing community and separate property
Texas is a community property state. You can only will your half of community property. Separate property (inherited, gifted, or owned before marriage) is fully yours to distribute.
Not including independent administration
Texas offers independent administration, which significantly reduces probate costs and court involvement. Include language authorizing independent administration in your will.
Forgetting the self-proving affidavit
Without a self-proving affidavit, your witnesses must be located and testify in court during probate — which can be difficult or impossible years later.
Texas-Specific Considerations
- •Texas is a community property state — most assets acquired during marriage are equally owned by both spouses.
- •Texas has no state income tax and no state estate or inheritance tax.
- •Independent administration in Texas allows your executor to handle most matters without court approval, saving time and money.
- •Witnesses in Texas must be at least 14 years old (lower than most states' 18-year requirement).
- •Texas allows you to file your will with the county clerk for safekeeping before death.
Create Your Will for Texas
Use our guided will generator to create a legally valid will tailored to your state's requirements.
Create Your WillFrequently Asked Questions About Will in Texas
- What happens if I die without a will in Texas?
- Texas intestacy laws (Estates Code Chapter 201) determine distribution. For married persons with children, the surviving spouse keeps community property only if all children are also children of the surviving spouse; otherwise, the estate is divided.
- Can I disinherit my spouse in Texas?
- You cannot disinherit your spouse from their half of community property. You can only control your separate property and your share of community property through your will.
- Do I need to file my will with the court in Texas?
- No. But you may deposit it with the county clerk for safekeeping. After death, whoever has possession of the will must deliver it to the county clerk within 30 days.
- Can a handwritten will be valid in Texas?
- Yes. A holographic will entirely in your handwriting and signed by you is valid in Texas without witnesses. However, proving its authenticity in court can be challenging.