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    How Do I Create a Will in Texas?

    April 8, 2025 - Jane Armstrong
    How Do I Create a Will in Texas?

    A will is one of the most powerful tools to ensure your loved ones are cared for and your wishes are honored. For Texans, the process to create a will is straightforward, but it’s vital to meet our state’s legal requirements for it to be valid. This guide breaks everything down step by step, including what to include and common mistakes to avoid.

    Table of Contents

    What Are the Legal Requirements for a Will in Texas?

    To create a legally valid will in Texas, you must meet certain criteria, which include the following:

    • Minimum Age: You must be at least 18 years old, legally married, or serving in the military.
    • Sound Mind: You must fully understand the implications and contents of your will.
    • Written Document: The will must be written (typed or handwritten). Digital-only wills are not valid.
    • Your Signature: You, or a person signing under your direction in your presence, must sign the will.
    • Witnesses: Two credible witnesses (14+ years old) must sign, affirming that you acknowledged or signed the document in their presence.

    Meeting these requirements ensures your will can hold up in Texas probate court. For more details, refer to the Texas Estates Code.

    How Much Does It Cost to Create a Will in Texas?

    The cost can vary, depending on how you choose to create your will. Here are the common options:

    • Hire an Attorney: Legal fees for custom will drafting typically range from $500 to over $2,000, depending on the complexity.
    • DIY Options: Writing your will yourself can cost little to nothing upfront, but it increases the risk of errors or invalidation.
    • Online Platforms: Online services can help you create a legally sound, lawyer-grade will at a fraction of the cost. BetterEstate stands out with its digital Estate assistant, providing an easy, affordable, and seamless way to guide you through creating a personalized will.

    Can I Write My Own Will in Texas?

    Yes, you can! Texas law permits individuals to write their own wills, whether typed or handwritten. However, self-written wills can introduce risks if they don’t meet all legal requirements.

    For added peace of mind and legal compliance, consider using a service like BetterEstate, which walks you through the process step by step.

    Do I Need Witnesses for My Will?

    Yes, two credible witnesses are required for your will to be valid in Texas. Witnesses must observe you signing or acknowledging your will and sign it themselves to affirm its validity.

    Pro Tip: To make your will “self-proving” (which simplifies probate), you and your witnesses can sign a sworn affidavit in front of a notary. This eliminates the need to contact witnesses later.

    Are Handwritten Wills Legal in Texas?

    Handwritten wills, also called holographic wills, are legally valid in Texas. However, they come with conditions:

    • The document must be entirely in your handwriting.
    • You must sign the will.

    Witnesses are not required for holographic wills in Texas, but having them can reduce challenges during probate. Still, handwritten wills often create more legal disputes. A typed will, which is easier to review and validate, is usually the better option.

    Is Notarization Required for a Will in Texas?

    Although notarization is not required for your will to be valid, it is highly recommended. Notarizing your will creates a “self-proving” affidavit, which simplifies the probate process for your loved ones.

    When a will is self-proving, your witnesses won’t need to testify in court to confirm its authenticity. This additional step saves time and effort.

    What Are Executor Requirements in Texas?

    Your executor is the person in charge of managing your probate estate and making sure the wishes in your will are carried out. They’ll work with the probate court to pay off your debts and distribute your assets to the people you’ve named as beneficiaries. You can include in your will who you want to be your executor, but not everyone is eligible for the job.

    In Texas, your executor must:

    • Be at least 18 years old
    • Be capable of handling executor duties
    • Have no felony convictions
    • Be considered “suitable” by the court

    It’s usually easier to choose someone who lives in Texas and is nearby. If you name someone out of state, they can still serve as your executor, but they’ll need to appoint a resident agent and notify the court. A resident agent is someone who lives in Texas and can accept legal documents on behalf of your executor and your estate.

    How Can I Disinherit an Heir?

    In Texas, you can use your will to disinherit an heir, such as an adult child or grandchild. This means that you can legally ensure they are excluded from inheriting your property after you pass away. To do this, you must clearly state your intent to disinherit that person in your will. It is also important to review your estate planning documents regularly and ensure consistency across related documents, such as beneficiary designations.

    However, it’s crucial to note that this does not apply to your spouse. Texas law, along with that of many other states, provides protections for spouses through community property rules and other legal provisions. These laws generally prevent a spouse from being entirely disinherited without their consent. For more detailed information about these protections, refer to the community property section below.

    What is Community Property and How is It Handled in Texas?

    Texas is a community property state, meaning most assets acquired during marriage are owned equally by both spouses. Upon death, the surviving spouse is entitled to half of the community property, regardless of the will.

    Personal Property

    Personal property belongs to one spouse and includes:

    • Assets or debts acquired before marriage
    • Inheritances received by one spouse
    • Assets defined in a prenuptial/postnuptial agreement

    You can fully control who inherits your personal property through your will.

    Community Property

    Community property includes most assets or debts acquired during marriage (e.g., income or purchases). Each spouse owns half. You can only decide who inherits your half; the other half automatically goes to your spouse.

    If you want to leave property to someone other than your spouse, consult an estate attorney to create a plan that aligns with your wishes and legal obligations.

    How Can I Update or Revoke My Will in Texas?

    Life is constantly changing, and your will should, too. Texas offers several options to revise or revoke your will when needed.

    Updating Your Will

    ✔︎ Make a minor amendment using a codicil.

    ✔︎ For major updates, draft a completely new will that expressly revokes all earlier versions.

    Revoking Your Will

    ✔︎ Physically destroy the old will (tear, burn, or shred it). You could always have someone else do it for you!

    ✔︎ Draft and sign a new will that replaces the outdated version.

    Keeping your will up to date is crucial to ensure it reflects your current wishes and circumstances.

    What Mistakes Can Make a Will Invalid in Texas?

    Common mistakes or issues that can render a will invalid in Texas include:

    • Lack of Legal Capacity: The person making the will (testator) must be at least 18 years old, married, or a member of the armed forces, and must be of sound mind.
    • Improper Execution: A valid will in Texas must be signed by the testator and witnessed by at least two competent witnesses who are at least 14 years old.
    • Failure to Follow Formalities: If the will is handwritten (a holographic will), it must be entirely in the testator's handwriting and signed by them, without needing witnesses.
    • Fraud or Undue Influence: Coercion, manipulation, or trickery during the drafting or signing of the will can render it invalid.
    • Not Complying with State Laws: Provisions that conflict with Texas inheritance laws, such as omitting spousal rights, may lead to challenges in court.

    Avoiding these mistakes is key to making sure your wishes are followed. Tools like BetterEstate make it easy to get the guidance you need to create a legally valid will in Texas.

    What Happens If Someone Dies Without a Will in Texas?

    If you pass away without a will (known as dying “intestate”), Texas law will determine how your assets are distributed. Typically, your estate will go to close relatives such as your spouse, children, or parents.

    Although this may sound straightforward, intestacy often excludes certain individuals you may want to benefit, like friends or non-marital partners. It may also create unnecessary legal complications. Creating a will ensures your wishes—not state laws—decide how your assets are distributed.

    Where Can I Get More City-Specific Estate Planning Insights?

    Explore our resources on finding a Houston will lawyer, a San Antonio lawyer, Dalles will lawyer, or an Austin will lawyer to get expert guidance tailored to your area.

    How to Create an Online Will in Texas?

    Creating an online will is increasingly popular for Texans seeking convenience and affordability. Follow these steps to create a legally binding will online with BetterEstate or similar platforms:

    1. Pick a Trusted Platform: BetterEstate ensures your will complies with Texas laws.
    2. Get Free Advice: Chat with our Estate AI, Alice. She’s here to answer your questions and guide you for free.
    3. Draft Your Will: Follow the simple prompts to outline your wishes, name beneficiaries, and designate an executor.
    4. Print It Out: Texas requires wills to be in writing, so make sure to print your completed document.
    5. Sign with Witnesses: You’ll need to sign your will in the presence of at least two competent witnesses, who must also sign it. Witnesses cannot be beneficiaries.
    6. Store It Safely: Keep your will in a secure spot, and consider sharing its location with your executor or a trusted party.
    7. Keep your will current: Life evolves, and your will should too. BetterEstate makes it easy to keep your will up to date, ensuring your wishes are respected and met.

    By creating your will online, you save time and avoid the hassle of traditional methods, all while ensuring accuracy and compliance.

    Who Can Help Me Create My Will in Texas?

    BetterEstate serves all of Texas, including cities like Houston, Dallas and Austin, our hometown!

    Can AI Improve My Will in Texas?

    Absolutely! AI tools like Alice, our Estate AI assistant, make it easier than ever to create a personalized will. While they’re not a substitute for legal advice or lawyers, AI-powered tools offer expert guidance to help you draft a solid, legally valid will. This makes estate planning simple and stress-free.

    Alice uses smart technology to tailor advice to your specific needs. Whether it’s identifying beneficiaries or making sure all your assets are covered, it helps you handle every important detail. You can ask questions, get instant answers, and stay updated with the latest legal insights, all without leaving your home or paying for pricey experts.