TX · Will Requirements
Will Requirements in Texas (2026)
A will in Texas requires 2 witnesses and does not require notarization. You must be at least 18 years old and of sound mind. Texas accepts handwritten (holographic) wills, and electronic wills are not valid here. A self-proving affidavit is available: your witnesses sign a sworn statement before a notary, and the will can then be admitted to probate without them appearing in court. Will execution is governed by Tex. Est. Code §251.051.
Here's what Texas says you need to make your last wishes actually count. Spoiler: it's not as bad as you think.
What does a valid will in Texas require?
| Requirement | Texas rule |
|---|---|
| Witnesses required | 2 |
| Notarization | Not required |
| Minimum age | 18 years old |
| Handwritten (holographic) wills | Recognized |
| Electronic wills | Not recognized |
| Self-proving affidavit | Available |
| Governing statute | Tex. Est. Code §251.051 |
| Probate threshold | $75,000 |
| Property system | Community property |
| State estate tax | No |
| State inheritance tax | No |
How do you make a will legally valid in Texas?
- Be at least 18 and of sound mind.
- Put it in writing and sign it yourself.
- Have 2 witnesses watch you sign, then have them sign the will too. Don't pick someone who inherits under it.
- A notary isn't required in Texas, but one is worth finding anyway.
- Attach a self-proving affidavit so your witnesses never have to show up in probate court.
So you’ve decided to finally write a will in Texas. Congratulations on acknowledging your own mortality. Most people can’t even manage that. Here’s what TX law requires to make sure your last wishes actually hold up in court instead of becoming an expensive piece of creative writing.
The basic requirements
Texas requires 2 witnesses to make your will valid. Good news: Texas doesn’t require a notary for your will, though getting one makes it self-proving and saves your executor a headache later. You must be at least 18 years old and of sound mind, though if you’ve been putting this off for years, the “sound mind” part is debatable.
Texas supports self-proving affidavits, which means if you get your witnesses to sign a sworn statement with a notary, they won’t have to show up in court later to confirm they watched you sign. Future-you’s executor will thank present-you.
Handwritten and electronic wills
Texas does accept holographic (handwritten) wills, so technically you could scribble your wishes on a napkin. We don’t recommend it, but you do you. Electronic wills aren’t recognized in Texas yet, so you’ll need actual paper like it’s 1995.
What Texas law says about your stuff
As a community property state, your spouse already owns half of everything acquired during the marriage. Your will covers your half and any separate property. Under Tex. Est. Code §251.051, if you die without a will in Texas, your assets get distributed according to intestacy laws, basically, the state’s default settings for dead people. These defaults rarely match what anyone actually wants.
The bottom line
A valid will in Texas isn’t complicated, but it does need to follow the rules. 2 witnesses, your signature, and a clear head. Skip any of these and you might as well not bother, your family will be stuck in probate court arguing about who gets the good china while lawyers bill $300 an hour to watch.
Special note for Texas: Community property state; Texas has an independent administration option that avoids most probate court oversight
How much does a will cost in Texas?
An attorney in Texas averages $900 (range $600-1800). Killswitch charges $69, once, with no subscription.
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What else do people ask about wills in Texas?
How many witnesses do I need for a will in Texas?
Texas requires 2 witnesses for a valid will. They need to be competent adults who watch you sign and then sign the will themselves. Pro tip: don't pick someone who's inheriting, that's a conflict of interest that could invalidate their share.
Does Texas require a notary for wills?
No, Texas doesn't require a notary for your will to be valid. However, getting a notarized self-proving affidavit means your witnesses won't have to testify in court later, worth the extra step.
Are handwritten wills valid in Texas?
Yes, Texas recognizes holographic (handwritten) wills. They still need to be entirely in your handwriting and signed by you. No witnesses technically required for holographic wills, but a typed and witnessed will is much harder to contest.
What is the minimum age to make a will in Texas?
You must be at least 18 years old to make a will in Texas. If you're 18 and already thinking about your will, you're either incredibly responsible or having a really rough week.
What other Texas documents do you need?
Do you need a Texas healthcare directive?
Texas requires 2 witnesses for healthcare directives. Notarization is required.
What does estate planning in Texas cover?
Everything TX residents need to know about estate planning, without the lawyer-speak or the $900 attorney bill.
Do you need a Texas power of attorney?
Texas POAs are durable by default. Notarization required.
How do the rules compare in nearby states?
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Look, we're not lawyers (we're way more fun at parties). This is educational content about Texas laws, not legal advice. If your situation is complicated (and let's be honest, whose isn't), talk to an actual attorney. We just make the paperwork less painful.
