Last Will And Testament requirements in Texas
- You must be at least 18 years old and of sound mind.
- The will must be in writing (typed or printed).
- You must sign the will, or acknowledge your signature, in front of at least two witnesses.
- Your witnesses must be at least 14 years old and cannot be beneficiaries in the will.
- A self-proving affidavit, signed by you and notarized, is recommended to simplify probate (not required for validity).
- If you have been married or divorced, certain rules may affect your will; consider consulting an attorney.
How to create a Last Will And Testament in Texas
- Decide what you own and who you want to inherit (heirs, charities, friends).
- Choose an executor who will manage your estate—and a backup executor.
- Draft your will using a template or with professional help, making sure to name beneficiaries for specific items.
- Sign your will in front of two witnesses; have them sign as witnesses.
- Have all three of you sign a self-proving affidavit in front of a notary public (recommended).
- Store your will in a safe place and tell your executor where it is—or file it with the county clerk if you wish.
What a Last Will And Testament typically costs
Creating a basic will with an online template can cost as little as $20 to $50. Hiring an estate planning attorney typically ranges from $200 to $1,000, depending on complexity. The cost is a small price for the peace of mind your family will receive. You can last will and testament with a state-specific template here.
Start your will today and give your family the gift of clarity: choose a reliable template or consult a local attorney.
Create your last will and testamentBefore You Begin: Texas Will Checklist
Drafting a valid Texas will requires specific formalities and careful preparation. Use this checklist to gather what you need and avoid common mistakes.
- Gather a list of all your assets (real estate, bank accounts, retirement accounts, personal property) and their approximate values.
- Decide on your beneficiaries and alternate beneficiaries for each asset, and consider naming a guardian for minor children.
- Choose an executor (personal representative) who will manage your estate, and name a backup in case your first choice is unable to serve.
- Review Texas requirements: your will must be in writing, signed by you (or by someone at your direction in your presence), and witnessed by two competent witnesses who sign in your presence.
- Note that notarization is not required for a Texas will, but a self-proving affidavit (signed by you and witnesses before a notary) can speed up probate later.
- Do not handwrite your will unless it's a rare emergency—holographic wills are allowed in Texas but are prone to disputes and often incomplete.
DIY vs. hiring a lawyer for your Last Will And Testament
| Option | Cost | Time | Best for |
|---|---|---|---|
| DIY with a template | ~$40 | Minutes | Standard situations |
| State-specific template (recommended) | Low, one-time | ~15 min | Most people |
| Hire an attorney | $200–$1,500+ | Days–weeks | Complex cases |
Most people complete their last will and testament online in about 15 minutes with a state-specific template — the same structure attorneys use, without the hourly bill.
Frequently asked questions
Do I need a lawyer to make a will in Texas?
No, you can create a valid will yourself, but consulting an attorney is wise if you have a large estate, complex family situation, or specific wishes. Online templates and guides can help you get started.
What is the difference between a will and a living will?
A last will and testament deals with your property after you pass away. A living will (or advance directive) outlines your healthcare wishes if you become incapacitated. Both are part of a complete estate plan.
What happens if I die without a will in Texas?
Your assets will be distributed according to Texas intestacy laws, which may not match your wishes. This process can be more complicated for your family, so making a will ensures your decisions are respected.
Can I update my Texas will?
Yes, you can revoke the old will and create a new one, or you can add a codicil (amendment). Just make sure any changes are executed with the same formalities as the original will.