✓ Verified June 2026
This guide covers Texas estate planning in plain English — the exact age, witness, and notarization rules, whether a handwritten will is valid, and how to make your will self-proving. All figures are from Texas law, verified as of June 2026.
In This Texas Guide:
Texas Will Requirements at a Glance
Here are the exact rules for making a valid will in Texas:
| Minimum age to make a will | 18 (exceptions: persons who are or have been married, or members of the U.S. armed forces, auxiliaries, or Maritime Service may make a will under age 18; testator must be of sound mind — Texas Estates Code § 251.001) |
| Witnesses required | 2 (must be credible witnesses at least 14 years old who sign in the testator’s presence in their own handwriting — Texas Estates Code § 251.051) |
| Notarization required | NO — notarization is not required for a Texas will to be valid; however, notarization is required to make a will self-proving, which allows it to be admitted to probate without live witness testimony (Texas Estates Code § 251.104) |
| Handwritten (holographic) will allowed | YES — Texas recognizes holographic wills under § 251.052; the will must be written entirely in the testator’s handwriting and signed by the testator; no witnesses are required; Texas is strict — the entire document must be handwritten, not just the material provisions; the testator must have testamentary intent and the will must contain a testamentary disposition |
| Self-proving affidavit available | YES — under Texas Estates Code §§ 251.101–251.107, a will may be made self-proving by attaching a sworn affidavit signed by the testator and the attesting witnesses before a notary public or other officer authorized to administer oaths; this may be done at the time of execution or at any later date during the lifetimes of the testator and witnesses (§ 251.103); Texas also allows simultaneous execution, attestation, and self-proving in a single ceremony under § 251.1045 (effective September 1, 2011), so only one set of signatures is needed; a self-proved will may be admitted to probate without the testimony of subscribing witnesses (§ 251.102) |
| Statutory will form | YES — the Texas Supreme Court approved four standardized fill-in-the-blank will form templates on May 5, 2023 (Misc. Dkt. No. 23-9037), available in English and bilingual English/Spanish; the four forms cover (1) single/widowed/divorced with children, (2) single/widowed/divorced without children, (3) married with children, and (4) married without children; forms are available at https://www.txcourts.gov/supreme/news/supreme-court-gives-final-approval-to-forms-that-help-texans-create-their-own-wills/ and through TexasLawHelp.org |
What a Texas Will Does (and Doesn’t Do)
A Texas will allows you to name an independent executor to manage your estate without continuous court supervision, name a guardian for minor children, specify how your probate assets are distributed, disinherit heirs (Texas Estates Code § 251.002), and create testamentary trusts; Texas’s independent administration option (available when designated in the will) is a significant advantage, as it allows the executor to act with minimal court oversight,
reducing cost and delay
What a Texas will does NOT control: A Texas will does not control assets that pass outside probate, including life insurance proceeds with a named beneficiary, retirement accounts (401k, IRA) with a named beneficiary, payable-on-death (POD) or transfer-on-death (TOD) accounts, jointly held property with right of survivorship, assets held in a living trust, and community property with a right of survivorship agreement; Texas is a community property state,
so a will can only dispose of the testator’s one-half share of community property and all of the testator’s separate property
Oral wills in Texas: NO — Texas abolished oral (nuncupative) wills effective September 1, 2007; all wills must now be in writing under § 251.051
How to Update or Revoke a Texas Will
Under Texas Estates Code § 253.002, a will may be amended by executing a codicil (a written supplement) with the same formalities required for a will — signed by the testator and attested by two witnesses age 14 or older; a will may be revoked by (1) a subsequent will, codicil, or written declaration executed with the same formalities as a will,
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or (2) the testator destroying or canceling the will, or having it destroyed in the testator’s presence; a court may not prohibit a person from making a new will or revoking an existing one (§ 253.001)
Other Texas will-making rules: Texas is a community property state — a testator may dispose of their separate property and their one-half of community property by will, but cannot dispose of the surviving spouse’s half of community property; Texas strongly favors independent administration (executor acts without continuous court supervision when the will names an independent executor or all heirs agree), which is unique compared to many states;
witness minimum age is 14 (lower than most states); Texas recognizes wills validly executed under the law of the place of execution or the testator’s domicile at execution or death (§ 251.053, amended 2023 by S.B.
1373); a bequest to a subscribing witness does not automatically invalidate the will (§ 254.002); the Texas Supreme Court-approved statutory will forms (2023) make Texas one of relatively few states offering official court-approved DIY will templates
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Understanding Texas Estate Planning
Getting started with Texas estate planning is the single best gift you can give your family. A valid Texas will lets you decide who inherits, name an executor, and name a guardian for your children — instead of leaving it to a default state formula.
When people look into Texas estate planning, the real answer comes down to the state’s execution rules: your age, the number of witnesses, and whether you make it self-proving. If any part of Texas estate planning is unclear, your state court’s self-help center can point you to the official forms and resources.
Official Texas Sources & Resources
- Texas Court Self-Help: https://guides.sll.texas.gov/wills-and-directives
- Texas Wills Statute: https://statutes.capitol.texas.gov/Docs/ES/htm/ES.251.htm
- Internal Revenue Service — Estate Tax: irs.gov
- Cornell Legal Information Institute: law.cornell.edu/wex
This Texas will guide was last verified against official sources in June 2026. Laws change — verify with your state court or a licensed attorney.
More Texas Wills & Probate Guides
- Texas Probate Process
- Dying Without a Will in Texas
- Texas Estate & Inheritance Tax
- Texas Small Estate Affidavit
- Texas Living Trust
- Probate Cost Calculator
- All 51 States
Disclaimer: This guide is informational only and is not legal or tax advice. Estate, probate, and tax laws change and vary by state and county. Verify current rules and dollar figures with your state’s court, statute, or a licensed attorney or tax professional before acting. For urgent matters like an active probate or a tax deadline, consult a licensed professional in your state right away.