Does a Texas will need to be notarized?

Not to be valid — a properly witnessed will is valid without notarization. But adding a self-proving affidavit (Tex. Est. Code s. 251.104), signed before a notary by the testator and witnesses, lets the will be admitted to probate without calling the witnesses to court later. Texas also allows the will to be made self-proved simultaneously with execution (s. 251.1045).

Is a handwritten (holographic) will valid in Texas?

Yes — Texas is one of the states that recognizes holographic wills. Under Tex. Est. Code s. 251.052, a will written WHOLLY in the testator's handwriting and signed by the testator needs no witnesses at all. It can even be made self-proved by an attached affidavit (s. 251.107). A typed or partially typed document does not qualify — it must be entirely handwritten.

Who can make a will in Texas?

Under Tex. Est. Code s. 251.001, a person of sound mind may make a will if they are 18 or older, are or have been married, or are a member of the armed forces of the United States (including the auxiliaries) or the maritime service.

Can a will in Texas name an independent executor?

Yes — and it should. A will can provide that no action shall be taken in the probate court other than probating the will and filing the inventory (Tex. Est. Code s. 401.001), creating an INDEPENDENT ADMINISTRATION largely free of court supervision. This is the single most cost-saving clause in Texas will drafting.

Texas Will Requirements: How to Make a Valid Will

Last updated October 22, 2026

To be valid in Texas, an attested will must be in writing, signed by the testator (or by another person for the testator, in the testator’s presence and at the testator’s direction), and attested by two or more credible witnesses at least 14 years of age who sign in the testator’s presence — all under Tex. Est. Code s. 251.051. This is general information about Texas law, not legal advice.

The execution checklist

In writing

An attested (non-holographic) will must be a written document. Texas does not recognize oral wills for property disposition under the current Estates Code.

Signed by the testator

The testator signs — or another person signs the testator's name in the testator's presence and at the testator's direction (s. 251.051(2)).

Two witnesses, 14 or older, in the TESTATOR'S presence

The witnesses must be credible, at least 14 years old, and must sign in the presence of the testator (s. 251.051(3)). Texas does NOT require the witnesses to be in each other's presence — a real difference from states like Florida — but signing everyone together remains best practice.

Self-proving affidavit (recommended)

A notarized affidavit under s. 251.104 (or the simultaneous-execution form under s. 251.1045) makes the will admissible without witness testimony at the probate hearing. Not required for validity — but it is what keeps the probate hearing short.

What Texas does differently

Holographic wills ARE valid

A will wholly in the testator's handwriting and signed by the testator is valid with NO witnesses (s. 251.052) — and can be made self-proved (s. 251.107). It must be ENTIRELY handwritten; mixing typed and handwritten content defeats it.

The independent-administration clause

Texas practice runs on independent administration (ch. 401): one sentence in the will directing that no action be taken in the probate court beyond probate and the inventory keeps the estate largely out of court supervision — fewer hearings, faster administration, lower cost.

No elective share — community property instead

Texas protects a surviving spouse through the community-property system (each spouse already owns half the community estate), homestead rights, and exempt-property allowances — not through a Florida-style elective share.

Capacity and age

Under s. 251.001, the testator must be of sound mind and 18 or older — or married (or previously married), or a member of the U.S. armed forces, their auxiliaries, or the maritime service. A will signed under undue influence or without capacity can be contested in probate; Texas also enforces properly drafted no-contest clauses unless the contest is brought with just cause and in good faith (s. 254.005).

Want a Texas will executed correctly the first time — with the independent-executor clause and a self-proving affidavit built in? Start a guided plan with signing instructions.

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General information about Texas law, not legal advice, and not a substitute for the advice of an attorney. EstateDraft is software, not a law firm.

Frequently asked questions

How many witnesses does a will need in Texas?: Two. Under Tex. Est. Code s. 251.051, an attested will must be in writing, signed by the testator (or by another person for the testator, in the testator's presence and at the testator's direction), and attested by two or more credible witnesses who are at least 14 years old and who sign in the testator's presence. Unlike some states, Texas does not require the witnesses to sign in each other's presence — only in the testator's.
Does a Texas will need to be notarized?: Not to be valid — a properly witnessed will is valid without notarization. But adding a self-proving affidavit (Tex. Est. Code s. 251.104), signed before a notary by the testator and witnesses, lets the will be admitted to probate without calling the witnesses to court later. Texas also allows the will to be made self-proved simultaneously with execution (s. 251.1045).
Is a handwritten (holographic) will valid in Texas?: Yes — Texas is one of the states that recognizes holographic wills. Under Tex. Est. Code s. 251.052, a will written WHOLLY in the testator's handwriting and signed by the testator needs no witnesses at all. It can even be made self-proved by an attached affidavit (s. 251.107). A typed or partially typed document does not qualify — it must be entirely handwritten.
Who can make a will in Texas?: Under Tex. Est. Code s. 251.001, a person of sound mind may make a will if they are 18 or older, are or have been married, or are a member of the armed forces of the United States (including the auxiliaries) or the maritime service.
Can a will in Texas name an independent executor?: Yes — and it should. A will can provide that no action shall be taken in the probate court other than probating the will and filing the inventory (Tex. Est. Code s. 401.001), creating an INDEPENDENT ADMINISTRATION largely free of court supervision. This is the single most cost-saving clause in Texas will drafting.

General information about Texas law, not legal advice.