Texas Last Will and Testament

Introduction

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.

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.