How do I make a valid will in Texas?

Question

Accepted Answer

Texas wills are governed by the Texas Estates Code, Chapters 251-255.

1. Testator Requirements

Age: 18 or older, OR currently or formerly married, OR a member of the U.S. armed forces, an auxiliary, or maritime service (Estates Code § 251.001).

Capacity: Sound mind — knowledge of the nature of the act, extent of property, and natural objects of bounty.

2. Witness Requirements (Attested Will)

Testator must sign in person, or have another sign in the testator's presence at the testator's direction.

2 credible witnesses, age 14 or older, must sign in the testator's presence (§ 251.051).

Witnesses should be disinterested; a beneficiary-witness may take only what they would receive under intestacy unless their testimony is corroborated (§ 254.002).

3. Notarization

Not required for validity. A self-proving affidavit (§ 251.101) executed before a notary makes the will admissible to probate without live witness testimony.

4. Holographic Wills

Valid if wholly in the testator's handwriting and signed by the testator (Estates Code § 251.052). No witnesses required. Can be self-proved by an affidavit attached after the fact (§ 251.107).

5. Intestacy (No Will)

Governed by Estates Code Chapter 201. Texas distinguishes community property from separate property. If a married decedent leaves children all of the same marriage, the surviving spouse takes all community property; if any child is from a different relationship, the spouse keeps only the spouse's half of community property.

6. Small Estate Threshold

Estates valued at $75,000 or less (excluding homestead and exempt property) qualify for a Small Estate Affidavit under Estates Code Chapter 205.

7. Independent Administration

Texas is famous for its independent administration — a will may direct that the executor act free of court supervision, dramatically simplifying probate.

This is legal information, not legal advice.