Wills, trusts and probate
Texas Will Requirements: Who Can Make One, How to Sign It, Holographic Wills, and the Self-Proving Affidavit
A Texas will needs writing, a signature and two witnesses age 14 or older, unless it is wholly handwritten. See notary, self-proving and online signing rules.
Counselado · August 5, 2026 · Texas · Updated October 1, 2026
A Texas will generally has to be in writing, signed by the person making it (the testator) or by someone else in the testator's presence and at the testator's direction, and signed by at least two credible witnesses who are 14 or older and sign in the testator's presence, under Texas Estates Code § 251.051 (opens in a new tab). A will written wholly in the testator's own handwriting, called a holographic will, needs no witnesses. Texas does not require an ordinary will to be notarized, but a self-proving affidavit must be signed before a notary or another officer, and it lets the will go through probate without witness testimony. Under Texas Secretary of State guidance (opens in a new tab), a will cannot be signed electronically or notarized online by videoconference.
Key takeaways
- A Texas will maker must be of sound mind and be 18 or older, be or have been married, or serve in the U.S. armed forces, an auxiliary, or the U.S. Maritime Service.
- A typed or form will needs at least two credible witnesses, each 14 or older, who sign in the testator's presence.
- A will written wholly in the testator's handwriting and signed by the testator needs no witnesses in Texas.
- Notarization is not a basic requirement for a Texas will; it is part of the self-proving affidavit, which changes how the will is proved in probate.
- Texas wills cannot be signed electronically or notarized online by videoconference.
- Keep the original where your executor can get it, because a copy or a missing original takes extra proof in court.
Who can make a will in Texas?
Estates Code § 251.001 (opens in a new tab) gives the right to make a will to a person of sound mind who, when the will is made, meets one of three conditions: the person is 18 or older, is or has been married, or is a member of the U.S. armed forces, an auxiliary of the armed forces, or the U.S. Maritime Service. So, a 17-year-old who is married, or who serves in the military, can make a Texas will.
The statute uses the words "sound mind" without spelling out a detailed test. Texas courts have filled that in. The capacity instruction quoted by the Texas Supreme Court in Lindley v. Lindley (opens in a new tab) describes a person who, at the time of signing, understands the business being done, the effect of making the will, and the nature and extent of their property. The person also knows their next of kin and the people who would naturally expect to inherit, with enough memory to form a reasonable judgment about them. If a question about capacity comes up in a particular family, that is a matter for a Texas probate lawyer who can look at the facts.
What an ordinary written will must have
Most Texas wills are attested wills, sometimes called formal wills: a typed or printed document signed in front of witnesses. Section 251.051 (opens in a new tab) sets out what that kind of will needs.
Hover or tap a row to highlight it.
| Will type | Signature | Witnesses | Notary | Source |
|---|---|---|---|---|
| Attested (typed, printed or form) will | Testator, or another person in the testator's presence and at the testator's direction | At least two credible witnesses, 14 or older, signing in the testator's presence | Not required to make the will | § 251.051 (opens in a new tab) |
| Holographic (handwritten) will | Testator, with the whole will in the testator's handwriting | None required | Not required to make the will | § 251.052 (opens in a new tab) |
| Self-proved will | As above for its type | As above, plus the affidavit | Officer authorized to give oaths, with official seal, for the affidavit | § 251.104 (opens in a new tab) |
| Will made under another state's or country's law | As that law requires | As that law requires | As that law requires | § 251.053 (opens in a new tab) |
The will has to be in writing, but the statute does not say it must be typed. A will that is only partly handwritten still needs the same two witnesses as a typed one.
The testator signs in person. If the testator cannot sign, another person may sign the testator's name, as long as that happens in the testator's presence and at the testator's direction. The witnesses then sign their own names, in their own handwriting, while in the testator's presence. Each witness must be at least 14 years old and "credible." The State Bar of Texas (Colegio de Abogados de Texas) article on wills (opens in a new tab) describes the same rule: a formal will needs at least two witnesses over age 14.
Can a beneficiary or spouse witness a Texas will?
Texas has no blanket rule that a beneficiary or a spouse cannot be a witness. The consequence shows up later. Under Estates Code § 254.002 (opens in a new tab), if a witness is also a devisee (someone who receives property under the will) and the will cannot be established without that witness's testimony, the gift to that witness is generally void. Two exceptions apply. If the witness would have inherited under the state's rules for dying without a will, the witness can receive the lesser of the two amounts. And if at least one disinterested, credible person backs up the witness's testimony, the gift can stand.
In practice, using two witnesses who receive nothing under the will avoids the question entirely.
Holographic wills: when handwriting replaces witnesses
Section 251.052 (opens in a new tab) says that "a will written wholly in the testator's handwriting is not required to be attested by subscribing witnesses." The key word is "wholly." The entire will has to be in the testator's own handwriting, and the testator signs it. A fill-in-the-blank form completed by hand, or a typed page with handwritten additions, does not fit that description and needs two witnesses like any other written will.
The handwriting still has to be proved when the will goes to court. Under Estates Code § 256.154 (opens in a new tab), a holographic will that is not self-proved may be proved by two witnesses to the testator's handwriting, through sworn testimony or an affidavit taken in open court. A testator who wants to spare the family that step can make a holographic will self-proved during their lifetime by attaching the affidavit described in § 251.107 (opens in a new tab).
Does a Texas will need to be notarized?
No notary appears in the basic signing rules for a Texas will. A typed will signed by the testator and two qualified witnesses can be valid with no notary involved, and a typed will signed only in front of a notary, with no witnesses, does not meet § 251.051 (opens in a new tab).
Notaries come in through the self-proving affidavit, a separate sworn statement attached to the will. That is why a notary's seal can appear at the end of a Texas will even though the will itself did not need one.
What a self-proving affidavit changes
A self-proving affidavit is a sworn statement, signed by the testator and the witnesses, confirming that the will was signed properly. Section 251.104 (opens in a new tab) sets the requirements:
- The testator and the attesting witnesses all make the affidavit.
- They appear before an officer authorized to administer oaths, such as a notary.
- The officer adds an official seal.
- The affidavit is attached or annexed to the will.
- The affidavit substantially follows the form in the statute.
The affidavit can be signed at the same time as the will or later, as long as the testator and the witnesses are all still living, under § 251.103 (opens in a new tab). The benefit arrives at probate. Under § 251.102 (opens in a new tab), a self-proved will can be admitted without testimony from the witnesses who signed it, which helps when those witnesses have moved, died or cannot be found. The same section says a self-proved will "may not otherwise be treated differently" from one that is not self-proved. A self-proved will can still be contested, revoked or changed by codicil in the same way as any other will, under § 251.106 (opens in a new tab). The affidavit changes how the will is proved; it does not repair a will that was not signed and witnessed correctly in the first place.
Can a Texas will be signed online or witnessed remotely?
Not under current Texas guidance. The Texas Secretary of State's online notary guidance (opens in a new tab) states that wills, codicils and testamentary trusts are excluded from the Texas Uniform Electronic Transactions Act, that they cannot be signed electronically or notarized online through videoconference, and that § 251.051 requires in-person execution.
A remote probate hearing, held by video after a death, is a court procedure and is separate from how the will itself was signed.
How a Texas will can be changed or revoked
Estates Code § 253.002 (opens in a new tab) lists the only ways to revoke a written will or one of its clauses: a later will, a codicil (a formal amendment), a written declaration signed with the same formalities as a will, or the testator destroying or canceling the will, or having someone else do it in the testator's presence.
Divorce has its own rule. Under § 123.001 (opens in a new tab), when a marriage ends by divorce, annulment or a declaration that it was void, the provisions of an earlier will that benefit the former spouse, and certain relatives of the former spouse, are generally read as if those people died before the testator, unless the will expressly says otherwise. That includes naming the former spouse as executor. The rest of the will stays in place, and a later will or codicil remains available to reflect new wishes.
Will Texas recognize a will made somewhere else?
A will signed in another state or country can be valid in Texas even if it does not match Texas's own signing rules. Under § 251.053 (opens in a new tab), a written will is valid if it complied with the law of the place where it was signed, as that law stood at signing, or the law of the place where the testator was domiciled or had a residence, either when the will was signed or at death. Section 256.152 (opens in a new tab) also recognizes a will that was self-proved under another state's or country's law, in the circumstances it describes. For a will made outside Texas, a probate lawyer can confirm which law applies before the will is filed.
Where to keep the original will
Keep the original somewhere the person who will handle probate can reach it, and tell that person where it is.
Texas also offers official safekeeping. Under Estates Code § 252.001 (opens in a new tab), the testator, or someone acting for the testator, can deposit the will with the county clerk in the county where the testator lives. The clerk may ask for proof of identity and residence. The Texas Judicial Branch county clerk manual (opens in a new tab) states that the clerk collects a $5 deposit fee and issues a certificate of deposit, a fee set under Local Government Code § 118.062 (opens in a new tab). After the clerk receives notice of the testator's death, § 252.201 (opens in a new tab) requires the will to be turned over to the clerk of the court that has jurisdiction over the estate.
When the original cannot be found, the will can still be probated, but with more proof. Under § 256.156 (opens in a new tab), the person applying must prove the will was signed properly, show why the original cannot be produced despite reasonable effort, and substantially prove its contents through a credible witness. A scanned copy alone does not take the place of the original.
A Texas will from signing to probate
- Sign the willThe testator signs, and at least two credible witnesses age 14 or older sign in the testator's presence, unless the will is wholly handwritten.
- Self-proving affidavitThe testator and witnesses may sign the affidavit before a notary or other officer, at signing or later while all are living.
- Keep the original safeKeep the original where the executor can reach it, or deposit it with the county clerk for a $5 fee.
- After deathA clerk holding the will turns it over to the clerk of the court with jurisdiction over the estate once notified of the death.
- Offer for probateThe will is generally offered for probate within four years after the death, with an exception for an applicant who was not in default.
What happens to the will in probate
After death, the will is filed with the court that handles probate for the county. The general Texas period for offering a will for probate is four years after the death, under § 256.003 (opens in a new tab), with an exception for an applicant who was not in default. Filing fees vary by county. As one dated example, the Bexar County Clerk's 2026 probate fee schedule (opens in a new tab), effective January 1, 2026, lists $415 for an application to probate a will and $5 for safekeeping a will. Other counties set their own amounts, so confirm the current fee with the county clerk where the will will be filed.
Our guide to the Texas probate process walks through the steps from filing the will to closing the estate. If no valid will turns up, the state's inheritance rules take over, as explained in our guide to dying without a will in Texas.
State-approved will forms and the people who handle each step
In 2023 the Supreme Court of Texas approved will forms (opens in a new tab) for four situations: married or unmarried people, with or without children. The forms are available in English and in bilingual English-Spanish versions on the Texas Judicial Branch forms page (opens in a new tab). Each form comes with instructions on who should and should not use it, and TexasLawHelp notes that the forms are not a substitute for legal advice. For a wider look at doing it yourself, see our guide on whether you can write your own will, and for how a will fits with other documents, our estate planning checklist.
Each office has its own role. A notary handles the self-proving affidavit. The county clerk accepts wills for safekeeping and receives probate filings. The probate court decides whether a will is admitted. A Texas estate planning or probate lawyer can draft a will, review one that already exists, or handle a missing original; ask the office for its current fee and what it includes.
Check what you know
Frequently asked questions about Texas will requirements
Does the notary count as one of the two witnesses?
The notary's job in a Texas will is the self-proving affidavit, which the testator and the attesting witnesses sign before an officer authorized to give oaths under § 251.104. The two witnesses required by § 251.051 sign the will itself. The witnesses then swear to the affidavit before the officer, so the notary and the two witnesses fill different roles.
Does a holographic will need a notary?
No. A will written wholly in the testator's handwriting needs no witnesses and no notary to be valid in Texas. The testator can still add a self-proving affidavit under § 251.107, which would be signed before an officer such as a notary.
Is a will made in another state valid if I move to Texas?
It can be. Under § 251.053, a will that followed the law of the place where it was signed, or the law where the testator lived, is valid in Texas even if it does not meet Texas's own signing rules. A Texas probate lawyer can confirm which law the will followed.
Does property pass under the will even if it has a named beneficiary?
Property can pass outside a will through beneficiary designations, joint ownership or other arrangements, so a will is one piece of a larger plan. Our guide comparing a living trust and a will explains how those pieces fit together.
Next step
If you want a lawyer to draft a Texas will, review one you already have, or help probate a will after a death, you can find estate planning and probate law firms in Texas in the Counselado directory.
Terms in this guide
Tap a term to see what it means.
Testator. The person who makes the will.
Sound mind. The capacity Texas requires to make a will; courts describe it as understanding the business being done, the effect of the will, one's property, and the people who would naturally expect to inherit.
Attested will. A typed, printed or form will signed in front of at least two credible witnesses, sometimes called a formal will.
Holographic will. A will written wholly in the testator's own handwriting and signed by the testator; Texas requires no witnesses for it.
Devisee. A person who receives property under a will.
Self-proving affidavit. A sworn statement by the testator and witnesses, signed before an officer such as a notary and attached to the will, that lets the will be admitted to probate without witness testimony.
Codicil. A formal amendment to a will.
Probate. The court process in which a will is proved and the estate is handled after death.
This guide gives general legal information, not legal advice for your situation. Laws change and differ by state; a lawyer licensed in your state can tell you how they apply to you.