How to make a will in Texas: A complete guide

Texas last will and testament requirements

Here are the requirements for a valid will in Texas:

• Your will must be “in writing,” meaning it exists in a physical form. For example, a will “in writing” can be one you’ve written by hand, or one you’ve typed on a computer and printed. A digital copy, like a PDF of your will saved on your computer, isn’t considered valid.
• You must be at least 18 years old, unless you’re married or serving in the military.
• You must be of sound mind and memory. This means that you:
  • Understand what it means to make a will
  • Understand the nature and extent of your property and relationships
  • Are capable of making reasonable judgments about the matters your will controls (for example, naming a guardian for your minor children)
• You must make your will freely and voluntarily. This means you shouldn’t be under improper pressure to write your will by someone who has power over you, like a caretaker or family member. This is known as “undue influence.”
• You must sign your will in the presence of at least two credible witnesses, who also sign. According to the Texas Estates Code, your witnesses must be at least 14 years old. A witness is “credible” when they don’t receive any financial benefit under your will. In other words, your witnesses should be people who aren’t receiving anything from your will.

Does a will have to be notarized in Texas?

No — in Texas, you don’t need to notarize your will for it to be legally valid. However, notarization is required if you want to make your will self-proving. A self-proving will can be accepted by the court without needing to contact your witnesses to prove its validity. This can speed up the probate process.

To make your will self-proving, you must attach a self-proving affidavit. This document confirms that you signed the will in your witnesses’ presence and declared it to be your will. You and your witnesses must sign the affidavit in front of a notary, who will then notarize it.

Is a handwritten will legal in Texas?

Texas does accept handwritten wills (formally known as “holographic” wills). To be valid, a holographic will must be written entirely in your handwriting and signed by you. If these two conditions are met, you don’t need witnesses to sign your will. However, if you think someone might challenge your will, having witnesses is still a good idea.

Estate attorneys generally don’t recommend making a holographic will. They can be difficult to prove in court and often contain errors or unclear instructions. Learn more about the risks of holographic wills and the alternative you can consider.

Texas will executor requirements

Your executor is the person responsible for managing your probate estate and carrying out the wishes described in your will. They will work with the probate court to pay your debts and distribute your assets to the beneficiaries of your will.

You can use your will to name the person (or people) you’d like to be your executor, but not everyone is qualified to serve.

For a person to be accepted by the Texas court as your executor, they must:

• Be at least 18 years old
• Be capable of performing their duties as executor
• Have never been convicted of a felony
• Be deemed “suitable” by the court

It’s a good idea to choose an executor who lives in Texas, ideally close to you. If you nominate someone who lives out of state, they can only serve as your executor if they appoint a resident agent and notify the court. A resident agent is someone who lives in the state of Texas and accepts legal documentation on behalf of your executor and your estate.

How to revoke or change your will in Texas

Revoking your will

You can generally revoke, or nullify, your will in Texas at any time before your death, unless you’ve committed to an agreement stating you wouldn’t (for example, a joint will). There are a few ways you can nullify your will:

• Intentionally destroy it. You can burn it, tear it, shred it, or throw it away.
• Ask someone to destroy it for you in your presence.
• Create a new one. Generally, a more recent will overrides any previous wills you’ve written. Be sure to include language stating explicitly that your new will is intended to revoke your prior will, and destroy all previous wills and codicils to avoid confusion.

Changing your will with a codicil

If you want to make a few changes to your will without revoking it entirely, you have the option to write a codicil. A codicil is a legal document that updates or modifies your existing will. In Texas, it must follow the same legal requirements as a will to be legally valid: you must be of sound mind, and the codicil must be signed by you and two witnesses.

However, estate attorneys generally don’t recommend using a codicil. Having multiple documents can cause confusion and make it harder to interpret your wishes. In most cases, it’s simpler and more reliable to create a new will. If you use FreeWill to make your will, you can return to your documents at any time to review, update, download, and print — all at no cost.

Probate in Texas

Probate is the legal process of gathering the assets of a deceased person and distributing them to that person’s beneficiaries. During probate, your executor will be responsible for preparing an inventory of your estate’s assets and managing those assets until they can be distributed. A court typically oversees the process to resolve any questions and disputes that might arise, make sure your remaining debts are paid, and ensure that your property is passed on to the right people or organizations.

Here’s a high-level overview of what happens during the probate process:

1. Someone, usually your executor or a family member, files your will (if you had one). In Texas, they have four years from the date of death to file your will.
2. The court validates your will.
3. The court appoints a representative, or executor, to oversee your estate.
4. Your executor identifies your assets and debts, and contacts your beneficiaries and creditors to notify them of your passing.
5. Your executor pays any of your debts, usually with money from your estate.
6. Your executor distributes assets to your beneficiaries, according to the wishes outlined in your will. If you didn’t have a will, your assets are distributed based on Texas’s intestate laws.

Independent administration vs. court-supervised administration

Texas’s probate process is known for being quick and simple due to a process called “independent administration.” This allows executors to settle the estate — including paying debts, selling property, and distributing assets — with minimal court involvement.

In some cases, court-supervised administration may be used instead. This process involves more court oversight and requires court approval for many actions the executor wishes to take.

Although it’s slower and more expensive, court-supervised administration may be necessary for complex estates or when beneficiaries are in conflict. You can state in your will which type of administration you prefer.

Disinheriting an heir

In Texas, you can use your will to disinherit an heir — like an adult child or grandchild — meaning they won’t have a legal right to inherit your property after you pass away.

However, this does not apply to your spouse. In Texas (and many states), there are laws that protect spouses from being disinherited without their consent. For more details,  see the section on community property below.

Is Texas a community property state?

Yes, Texas is a community property state. Community property states consider almost all assets acquired by either spouse during their marriage to belong to both spouses equally. In community property states like Texas, the surviving spouse is entitled to at least half of any community property, even if the deceased spouse wrote something different in their will.

To better understand Texas community property laws, it helps to understand the difference between personal and community property.

Personal property

Personal property is property that belongs to only one spouse. This includes:

• Any assets or debts you acquire before your marriage
• Any inheritance you receive during your marriage
• Any assets specified in a prenuptial or postnuptial agreement

Personal property isn’t considered community property. This means you can use your will to leave it to anyone you want.

Community property

With few exceptions, any assets and debts that either you or your spouse acquire during your marriage are community property under Texas law. For example, this could be a vehicle your spouse purchased that has their name on the title, or the money you earned in your career during the years you were married.

Each of you have a one-half interest in each item of community property, and you will generally only be able to use your will to control who receives your one-half interest in that property — the other one-half interest remains the property of your spouse.

Many people choose to leave the majority of their estate to their spouse, regardless of whether they live in a community property state. If you want to leave a significant portion of your estate to someone other than your spouse for any reason, you should consider working with an estate attorney to discuss your situation and create an estate plan to meet your needs.

Texas intestate succession

If you die without a will in Texas, who inherits what you leave behind? Here’s the typical order of succession, according to the Texas Estates Code:

• If you’re married without children, parents, or siblings, your spouse will inherit your estate.
• If you’re not married and have children, your children will inherit your estate (usually in equal shares). Under Texas law, your “children” are defined as your blood or adopted descendants. Any foster children or stepchildren you have aren’t legally considered your children and aren’t entitled to part of your estate.
• If you’re married with children who you share with your spouse:
  • Your spouse inherits all community property and ⅓ of your personal property
  • Your children inherit your remaining personal property
• If you’re married and have children with someone other than your spouse:
  • Your spouse inherits ½ of the community property and ⅓ of your personal property
  • Your children inherit your half of the community property and the other ⅔ of your personal property
• If you’re not married and have no children or immediate family, your estate will be divided among any living extended family, including grandparents, aunts, uncles, and cousins.
• If the court can’t find any living relatives by blood or marriage, the state of Texas will inherit your property as a last resort.

Texas’s laws about intestate succession can be complicated. You can learn more about them on the Texas Public Law website.

When you die without a will, you leave important decisions about your legacy in the hands of your local court and state laws. Learn more about how dying without a will can impact the people you love.

Estate and inheritance tax in Texas

There are two types of taxes that could affect your estate and your heirs after you pass away: estate tax and inheritance tax. Some people refer to these as “death taxes.”

Texas estate tax

In the US, your estate could potentially be subject to estate taxes at both the state level and the federal level. However, like most states, Texas doesn’t collect any estate taxes. (Only a few states do.) The 2025 federal estate tax exemption is $13.99 million for individuals and $27.98 million for couples. This means your estate won’t owe any federal estate tax if your property is valued below this amount.

Texas inheritance tax

Inheritance tax is a tax someone has to pay when they inherit property or assets from an estate. Texas doesn’t collect inheritance tax, and neither does the US federal government.

How to make a will in Texas

If you don’t have a last will and testament, now is a great time to make one — and the process might be easier than you think. Here are the steps to write a will:

1. Decide how you’re going to write your will. For example, depending on your situation, you might choose to buy a will kit, use an online will-maker, or hire a lawyer.
2. Choose beneficiaries for all your assets. Beneficiaries are the people or organizations you want to inherit your property after you die. If you want, you can also donate to a charity in your will.
3. Choose guardians for your minor children or pets, if you have them.
4. Choose your will executor. This person will work with the probate court to carry out the wishes in your will.
5. Sign and witness your will according to Texas law (that’s two witnesses who are at least 14 years old).
6. Store your will somewhere safe.

If you use FreeWill’s free online will-maker to write your will, our questionnaire takes you through each step of the process. After you’ve finished, you’ll receive a document reflecting your wishes, along with instructions for how to sign and witness it to make it valid in Texas.

Related articles:

• A guide to making a Texas Power of Attorney
• Texas probate: A guide to probating a will in Texas