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Texas Last Will and Testament

A Texas will needs 2 witnesses, not a notary, and Texas recognizes handwritten holographic wills. Make a free Texas will template. Attorney review available.

Introduction

A last will and testament is a legal document that states who receives your property when you die and names the executor who will administer your estate. It can also name a guardian for your minor children. In Texas a valid will must be signed by the testator and attested by two or more credible witnesses, each at least 14 years old, who subscribe their names in their own handwriting in the testator's presence, under Tex. Estates Code Section 251.051. Texas does not require a notary to make the will itself valid; the witnesses, not a notary, are what makes it legal. If a beneficiary also serves as a witness, Section 254.002 can void that beneficiary's gift unless a disinterested person corroborates the will, so choose witnesses who receive nothing under it. Texas also recognizes a holographic will, one written wholly in the testator's own handwriting, without any subscribing witnesses, under Section 251.052. A Texas will can be made self-proving with a sworn affidavit before a notary under Section 251.104, letting the will be probated without locating the witnesses later. To make a will in Texas you must generally be at least 18, or married, or in the armed forces, and of sound mind under Section 251.001. Attorney review is available as an option before you sign.

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Key Things to Know

  1. 1

    A last will and testament is a legal document that states who receives your property and who administers your estate after you die. It can also name a guardian for minor children.

  2. 2

    Texas requires two witnesses, age 14 or older. Tex. Estates Code Section 251.051 requires the will to be attested by two or more credible witnesses, each at least 14 years of age, who subscribe their names in their own handwriting in the testator's presence.

  3. 3

    Do not use a beneficiary as a witness. Under Section 254.002, if a devisee is also a subscribing witness and the will cannot otherwise be established, the bequest is void unless the witness's testimony is corroborated by at least one disinterested and credible person. A purged witness who would have inherited by intestacy keeps that share up to the value of the bequest.

  4. 4

    A self-proving affidavit is available. Section 251.104 lets the testator and witnesses swear to a notarized affidavit, attached to the will, before an officer authorized to administer oaths, which lets the will be admitted to probate without live witness testimony (Section 251.102(a)). Section 251.1045 offers a combined execution-and-self-proving alternative.

  5. 5

    Handwritten (holographic) wills are valid. Section 251.052 exempts a will written wholly in the testator's own handwriting from the attestation requirement, meaning no subscribing witnesses are needed. A holographic will can itself be made self-proved under Section 251.107.

  6. 6

    No notary is required for the will itself. Witnesses, not a notary, are the formality that makes a Texas will valid under Section 251.051. A notary only comes in for the optional self-proving affidavit.

  7. 7

    Minimum age, capacity, and revocation have clear rules. Section 251.001 lets a person of sound mind make a will at 18, or younger if married (or previously married) or in the armed forces. Section 253.002 lets a later will, codicil, or written declaration executed with like formalities, or physical destruction or cancellation, revoke a prior will, and Section 123.001 revokes gifts to a former spouse after divorce.

Key decisions before you file

Before you file a Last Will and Testament in Texas, a few decisions shape the document: which option to choose and what each one means. The Last Will and Testament guide walks through them.

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TEXAS LAST WILL AND TESTAMENT

  1. DECLARATION AND REVOCATION OF PRIOR WILLS I, [TESTATOR NAME], a resident of [COUNTY] County, Texas, being of sound mind and at least 18 years old (or married, previously married, or in the armed forces) under Tex. Estates Code Section 251.001, declare this to be my Last Will and Testament, and I revoke all prior wills and codicils I have made.

  2. EXECUTOR APPOINTMENT I appoint [EXECUTOR NAME] as executor of my estate. If [EXECUTOR NAME] is unable or unwilling to serve, I appoint [SUCCESSOR EXECUTOR NAME] as successor executor, to serve independently, without bond, to the extent Texas law permits.

  3. DISPOSITION OF PROPERTY (BEQUESTS) [INSERT specific gifts and bequests here, naming each beneficiary and the property or amount given to each.]

  4. RESIDUARY CLAUSE I give all the rest and residue of my estate, of whatever kind and wherever located, to [RESIDUARY BENEFICIARY NAME]. If [RESIDUARY BENEFICIARY NAME] does not survive me, I give the residue to [ALTERNATE BENEFICIARY NAME].

  5. GUARDIAN FOR MINOR CHILDREN (if applicable) If I have minor children living at my death, I appoint [GUARDIAN NAME] as guardian of their persons and estates, with [SUCCESSOR GUARDIAN NAME] as successor if needed.

  6. ATTESTATION CLAUSE This will must be signed by me and attested by two or more credible witnesses under Tex. Estates Code Section 251.051. Each witness must be at least 14 years old and must subscribe their name to this will in their own handwriting in my presence. A beneficiary should not act as a witness; Section 254.002 can void that beneficiary's own gift unless a disinterested and credible person corroborates the will's execution.

Signed: _____________________ Date: [DATE] [TESTATOR NAME], Testator

Witness 1 signature: _____________________ Print name: _____________________ Address: _____________________ Witness 2 signature: _____________________ Print name: _____________________ Address: _____________________

  1. SELF-PROVING AFFIDAVIT Texas recognizes a self-proving affidavit under Tex. Estates Code Section 251.104. The testator and both witnesses swear to it before an officer authorized to administer oaths (a notary), who affixes an official seal, so the will can be probated without locating the witnesses later (Section 251.102(a)).

THE STATE OF TEXAS COUNTY OF [COUNTY]

Before me, the undersigned authority, on this day personally appeared [TESTATOR NAME], [WITNESS 1 NAME], and [WITNESS 2 NAME], known to me to be the testator and the witnesses, respectively, whose names are subscribed to the foregoing instrument, and, all being duly sworn, the testator declared that this instrument is the testator's will, signed as a free and voluntary act, and the witnesses declared that they signed as witnesses in the testator's presence.

[TESTATOR NAME], Testator

[WITNESS 1 NAME], Witness

[WITNESS 2 NAME], Witness

Subscribed and sworn to before me by [TESTATOR NAME], [WITNESS 1 NAME], and [WITNESS 2 NAME] on [DATE].

(SEAL) Officer authorized to administer oaths

Note: This will is governed by the Texas Estates Code, Title 2, Subtitle F (Tex. Estates Code Chs. 251, 253, 254; Ch. 123). Because Section 254.002 can void a gift to an interested witness, choose two witnesses who receive nothing under this will. Texas also recognizes a holographic (handwritten) will under Section 251.052. Store the signed original in a safe place and tell your executor where to find it. This is a Texas skeleton, not the complete document. For the complete, customizable template, see the full Last Will and Testament template.

Once your Last Will and Testament is ready, you can check whether it needs to be notarized in Texas in about a minute, and notarize it online through DocDraft if it does.

Texas Requirements for Last Will and Testament

Two Credible Witnesses, Age 14 or Older

Tex. Estates Code Section 251.051 requires the will to be attested by two or more credible witnesses, each at least 14 years of age, who subscribe their names to the will in their own handwriting in the testator's presence.

Interested-Witness Rule Can Void a Gift

Under Section 254.002, if a devisee is also a subscribing witness and the will cannot otherwise be established, the bequest to that witness is void unless the witness's testimony is corroborated by at least one disinterested and credible person. A purged witness who would inherit by intestacy keeps that share up to the value of the bequest.

Self-Proving Affidavit Is Available

Section 251.104 lets the testator and witnesses swear to a notarized self-proving affidavit before an officer authorized to administer oaths, attached to the will, so it can be admitted to probate without locating the witnesses later (Section 251.102(a)). Section 251.1045 offers a combined execution-and-self-proving alternative.

Holographic (Handwritten) Wills Are Recognized

Section 251.052 exempts a will written wholly in the testator's own handwriting from the usual attestation requirement, so no subscribing witnesses are needed. A holographic will can be made self-proved during the testator's lifetime under Section 251.107.

No Notary Required for the Will Itself

Section 251.051 makes two credible witnesses, not a notary, the formality that validates a Texas will. A notary is required only if the testator chooses to add the optional self-proving affidavit under Section 251.104.

Minimum Age and Testamentary Capacity

Section 251.001 requires a testator to be of sound mind and either at least 18 years old, or married (or previously married), or a member of the U.S. armed forces, an armed-forces auxiliary, or the U.S. Maritime Service.

How to Revoke a Texas Will

Section 253.002 lets a Texas will be revoked by a subsequent will, codicil, or written declaration executed with like formalities, or by destroying or canceling the will (or having it destroyed or canceled in the testator's presence). Section 123.001 separately revokes provisions for a former spouse after divorce, annulment, or a declaration that the marriage is void, unless the will expressly provides otherwise.

Name an Executor

Name an executor to administer the estate, along with a successor in case the first choice cannot serve. Texas courts favor independent administration when the will requests it, and naming both a primary and a successor executor avoids delay at probate. A devise to the attorney who prepares or supervises preparation of the will is void under Section 254.003, with limited family exceptions.

Does your Last Will and Testament need to be notarized in Texas?

Whether a Last Will and Testament needs to be notarized depends on your state. Upload yours, pick your state, and get the current rule with the official source behind it, free and with no account. If yours does need a notary, online notarization is part of your DocDraft plan.

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Frequently Asked Questions

Texas requires two or more credible witnesses under Tex. Estates Code Section 251.051. Each witness must be at least 14 years old and must subscribe their name to the will in their own handwriting in the testator's presence. A beneficiary can technically witness a will, but Section 254.002 can void that beneficiary's own gift unless the will's execution is corroborated by a disinterested and credible person, so it is safer to use witnesses who inherit nothing under the will.

No. A Texas will is made valid by two credible witnesses under Tex. Estates Code Section 251.051, not by a notary. A notary is used only for the optional self-proving affidavit under Section 251.104, a sworn statement the testator and witnesses can sign before an officer authorized to administer oaths so the will can be probated without locating the witnesses later.

Yes. Tex. Estates Code Section 251.052 exempts a will written wholly in the testator's own handwriting from the usual attestation requirement, so no subscribing witnesses are needed. A holographic will can also be made self-proved during the testator's lifetime through the testator's own affidavit under Section 251.107.

Put your wishes in writing, name an executor and a residuary beneficiary, and sign the document. Tex. Estates Code Section 251.051 then requires two or more credible witnesses, each at least 14, to subscribe their names in their own handwriting in your presence. You must generally be at least 18 or married (or previously married) or in the armed forces, and of sound mind under Section 251.001. Attorney review is available as an option before you finalize it.

A valid Texas will is in writing, signed by a testator of sound mind who meets the age or status test in Tex. Estates Code Section 251.001, and attested by two or more credible witnesses, each at least 14, who subscribe their names in their own handwriting in the testator's presence under Section 251.051. A will wholly in the testator's own handwriting is exempt from the witness requirement under Section 251.052.

A self-proving affidavit is a sworn, notarized statement the testator and attesting witnesses sign before an officer authorized to administer oaths, usually right after signing the will. Tex. Estates Code Section 251.104 sets the statutory form, and a self-proved will can be admitted to probate without needing the witnesses to testify in person under Section 251.102(a). Texas also offers a combined execution-and-self-proving form under Section 251.1045.

Tex. Estates Code Section 251.001 lets a person of sound mind make a will at 18 years of age or older. A person younger than 18 can still make a will if they are or have been married, or if they are a member of the U.S. armed forces, an armed-forces auxiliary, or the U.S. Maritime Service.

Tex. Estates Code Section 253.002 lets you revoke a Texas will with a subsequent will, codicil, or written declaration executed with the same formalities, or by destroying or canceling the will (or having it destroyed or canceled in your presence). Section 123.001 separately revokes provisions for a former spouse, treating that spouse and their relatives as having failed to survive you if your marriage is later dissolved, unless the will expressly says otherwise.