What are the Requirements of a Valid Will in Texas?

A Last Will and Testament is a legal document that allows you to identify your beneficiaries, designate the way in which your property will be distributed, nominate a legal guardian for any minor children, and nominate an executor to manage your estate, pay your debts, expenses and taxes, and distribute your estate according to your wishes.

To make a valid Will in Texas, you must have legal capacity, testamentary capacity, and testamentary intent. Additionally, certain formalities must be followed.

Legal capacity

You have legal capacity to make a Will in Texas if you are 18 years of age or older, are or have been lawfully married, or are a member of the armed forces of the United States.

Testamentary capacity

Testamentary capacity refers to being of “sound mind”. You have testamentary capacity to make a Will in Texas if you have the mental ability to understand:

  • the business in which you are engaged;
  • the effect of making a will;
  • the nature and extent of your property;
  • the persons who are the natural objects of your bounty (e.g. your relatives);
  • the fact that you are disposing your assets;
  • how all these elements relate so as to form an orderly plan for the disposition of your property

Testamentary intent

You have testamentary intent if at the time you sign your Last Will and Testament, you intend to make a revocable disposition of your property to take effect at your death.


In addition to legal capacity, testamentary capacity and testamentary intent, certain formalities need to be followed for a Will to be valid. The formalities that need to be followed depend on what type of Will you have made.

Texas recognizes two types of written Wills.

  1. An attested Will is the most common type of Last Will and Testament. To be valid, it must be in writing, signed by you, or another person at your direction and in your presence, and attested in your presence by at least two credible witnesses over the age of 14.
  2. A holographic Will is a Will that must be written completely in your own handwriting, and signed by you. There is no requirement that it be signed by any witnesses.

The Texas Statutes provide the person making a Will with the option of adding a self-proving affidavit to the Will. A self-proving affidavit is signed by the person making the Will and two witnesses before a notary public.

When a Will is probated, the self-proving affidavit substitutes for in-court testimony of witnesses as to the validity of the Will, which saves considerable time and expense.

If a Will does not meet all the requirement set forth by the statutes, it will be declared invalid, meaning that your estate could be distributed according to a statutory formula rather than the way you would have preferred.


  1. What is required to update a will? My father has one but wants to make amendments. The original is stamped by a notary but she said if my dad opts to change it all beneficiaries need to be present. That doesn’t seem correct as people update and make wills every day without those people present.

  2. Ivia Velazquez says

    Question: I bought a home before I got remarried. The home title/deed and mortgage is soley in my name. Texas law says all before marriage is not community property, when divorcing. But if f I should die, will my new husband by law inherit the home or if I Will it to my daughter, who it was intended for, will she be able to keep it?

  3. Can my husband and I have one Will instead of one each? My parents too need to write a Will and were wondering the same.

    Thank you.

  4. Do I have to renew my will even if its 15 years old? Is it still valid. I’m 56 yrs old and very healthy?

  5. Shannon Cooper says

    Question, my dad is 91 years old and is fully mentally in tack. The only “problem” I’m having is this having a will be in writing. He has dexterity issues with his hands and so I’m asking, is it required that a will only be written as opposed to typed out and then submitted for signatures, etc.

    • The “writing” in the attested Will is usually typed. Only holographic wills are required to be wholly in the handwriting of the testator.

      To be valid, an attested Will must be signed by the testator, or another person at the testator’s direction and in his presence, and signed by at least two credible witnesses in the testator’s presence.

  6. In Texas, do you have to have an original copy of a will in order to probate? My Grandmother passed Thanksgiving Day 2017. We are unable to locate the original will but there is a copy. She did leave some property and other items to us. We just can’t locate the original.

  7. Jesse Barrera says

    I hope you can give me some guidance. My Dad died in Oct of 2016. He did make a will with me as the heir to his home and also the executor of the will. I have not done anything with this will. It was written up in 2015. I’m lost in what to do with the will now that dads house is empty and this is really all my dad had in his estate. Should I contact a real estate lawyer? All I need to do is place the house in my name so I can get homeowners insurance on dads house. Will is signed and notarized with the Self Approving Affidavit attached. I just need guidance. Thank you so much. Jesse in San Antonio TX

    • Probate is the legal process of proving the validity of a will and serves as a link in the chain of title to show property of a deceased person has passed to its intended beneficiary.

  8. Jo Rdrgz says

    Hi. Does a Self-Proving Affidavit have to accompany a holographic; does it too need to be handwritten?

  9. If a Will was signed by an individual and witnessed by two individuals but not notarized in 2010 is it a valid Will?

  10. My partner and I have lived together for 4 years and share everything together. We live in Dallas, Texas. He typed up a will and had it notarized. Will this be enough to stand up in the courts?

  11. My fiance and I are doing our wills separately. In regards to the two witnesses required, can the same two witnesses be the same for both her will and for my will?

  12. Rod Manning says

    In the state of Texas, if a will is signed in the presence of a notary public & signed as notarized, is it still necessary that the will be signed by two witnesses?

  13. Hi, I am not sure if you still monitor this thread but am curious about the self proving affidavit part. Specifically, if it were to occur that one of the witnesses were to be called by the other side and testify that they did not know they were witnessing a Will but thought it was bank papers or that they thought bank papers was said would the other witness’s along with the notary be enough to prevent the Will’s denial? Thank you

  14. Kresa Castillo says

    A cousin of mine was a beneficiary on my uncle’s will. She was present at the signing of the will, but 2 of her relatives were the signing Witnesses on the will. Can a beneficiary be present at the signing of a will?

  15. Can a Living Will be written the same way as a last will and testament? In the will can the person state who they want to be the executor of their estate?

    • A living will is also known as a directive to physicians. It allows you to specify whether life-sustaining treatment should be administered or withheld if you are diagnosed with an irreversible or terminal condition.

      A last will and testament allows you to specify who will get your property after you die and who will serve as executor.

  16. In the state of Texas can the two people that is inherit estate be both witness on the will?

  17. My husband passed with a will that leaves everything to me, his spouse. The Texas will had a self-proving affidavit. Bank accounts were co- owned and his name has been removed. Car titles have been changed by presenting a death certificate and a copy of the will. The only asset remaining is a house that we both co-owned. Can I avoid probate?

  18. We live in Washington state and had our will drawn up here by an attorney. We are moving to Texas and wonder if our will is good in Texas?

  19. Hello, my employer just recently passed away and left behind a holographic will that has been turned in for probate. There are many things not listed in the holographic will that he wanted other people to have. If he told several people verbally that certain things would belong to them after his death and it was told to these people in front of many witnesses and the witnesses are willing to testify in court under oath, would that be legal in the state of Texas?

  20. Jennifer says

    Does a simple will still have to go through probate court?

  21. Bob Carroll says

    Does my lawyer who made my will have to sign the will?

  22. Hello! Just a quick question for direction. If my husband and I own our own business, would you suggest it is better to hire a lawyer to help us with our will? And what type of lawyer? Many thanks!

  23. My mother has a will & states everything goes to me & she leaves nothing to two other children. Can this be done or does she need to state she leaves them $1.00


    • There is no requirement that $1.00 be left to anyone. States have statutes that protect children who have been accidentally omitted from a Will. Please consult a lawyer to make sure the Will is drafted and executed properly so as to minimize the risk that a Will contest will be successful.

  24. Pablo Torres says

    I am married for a second time, but I don’t want my second wife to inherit my house, which is my only asset. I want my kids to be the sole owners of my house.

    If just make a holographic Will, would that be enough for them to inherit my house?

    • Property owned before marriage is characterized as separate property and you can dispose of it as you wish; however, certain constitutional protections are available for surviving spouses in Texas. A surviving spouse is entitled to a life estate in the homestead and cannot be forced to sell the property as long as he or she occupies and uses it.

  25. My mother had a stroke in December…she turned 94 this month and has improved greatly. She is alert and speaking. She has property and we have been told she needs to get a will. I have also been told I can download one from the Internet. We live in Texas, can you tell me what is the correct form to use and the process. Do we still need an attorney?
    Thank you!

  26. Must attested or holographic wills be recorded by the city or county clerks?

  27. I live in Texas. Can my mom be the beneficiary even if she is not a citizen?

  28. Debbie Baker says

    Hi. My dad passed away 3 years ago. The only Will my mom and dad had is very old and it basically left the belongings to the other when one passed and then split 50/50 between me and my brother when the other passed. If I passed, my 1/2 was to be split between my 2 kids and my brother was executor (they were under age at the time and now grown) There is just me and my brother and my mom does not have anything except a home and the contents. Should we get legal advice/help on a Will or is there a simple form she could fill out and sign with a notary? Thank you for your help

  29. My dad recently passed away and I was his caregiver and guardian. He redid his will after his previous caregiver coersed him into making a will including her but leaving out two of his children. His new will has been signed by him and notarized at his bank but does not have 2 witnesses. Is it invalid?

  30. My dad just passed away and he remarried. His wife has not communicated to us since his passing. My father told me in the hospital bed that I was in the will. I just want to find out if there is anything to split up or did she get him to sign over everything to him.

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