How to Make a Will in Texas (2026 Guide)

A will made in Texas must be signed by you and by 2 witnesses to be valid. Yes (Tex. Est. Code §§ 251.101 to 251.107 (self-proving affidavit at § 251.104; simultaneous execution form at § 251.1045)). It lets the court accept the will without tracking down the witnesses later. Below is everything the signing cover sheet in your free Texas will covers, generated from the same rules.

Make my free Texas will

Texas will requirements at a glance

Witnesses required	2
Self-proving affidavit	Yes
Notary required for the will	No
Notary for the affidavit	Yes
Holographic wills recognized	Yes
Electronic wills recognized	No
Remote witnessing allowed	No
Community property state	Yes
Personal property memorandum	No
No-contest clause	Limited
Will execution statute	Tex. Est. Code § 251.051
Financial POA statute	Tex. Est. Code ch. 751 (Durable Power of Attorney Act) and ch. 752 (statutory durable power of attorney form at § 752.051)
Healthcare directive statute	Tex. Health & Safety Code § 166.031 et seq. (directive to physicians; form at § 166.033) and § 166.151 et seq. (medical power of attorney; form at § 166.164)

Witnesses

Two witnesses. Unless wholly in the testator's handwriting, the will must be in writing, signed by the testator (or by another person on the testator's behalf in the testator's presence and under the testator's direction), and attested by two or more credible witnesses at least 14 years old who subscribe their names in the testator's presence (Tex. Est. Code § 251.051). Use adult witnesses who take nothing under the will: a gift to a subscribing witness is void unless the will is otherwise established by a disinterested witness's testimony, and the interested witness may take no more than his or her intestate share (Tex. Est. Code §§ 254.002, 254.003). The statute does not require witnesses to sign in each other's presence, but the safest practice is for everyone to sign together in one sitting with the notary present for the affidavit.

Do you need a notary in Texas?

Not for the will itself. A notary is needed only to make the will self-proving through the affidavit, which is strongly recommended.

Self-proving affidavit

Yes (Tex. Est. Code §§ 251.101 to 251.107 (self-proving affidavit at § 251.104; simultaneous execution form at § 251.1045)). It lets the court accept the will without tracking down the witnesses later. What a self-proving affidavit does.

How to sign your will in Texas

1. Read the signing cover sheet. It is generated with your will and lists every requirement below in checklist form.
2. Gather your witnesses. You need 2 adult witnesses who are not beneficiaries. Two witnesses. Unless wholly in the testator's handwriting, the will must be in writing, signed by the testator (or by another person on the testator's behalf in the testator's presence and under the testator's direction), and attested by two or more credible witnesses at least 14 years old who subscribe their names in the testator's presence (Tex. Est. Code § 251.051). Use adult witnesses who take nothing under the will: a gift to a subscribing witness is void unless the will is otherwise established by a disinterested witness's testimony, and the interested witness may take no more than his or her intestate share (Tex. Est. Code §§ 254.002, 254.003). The statute does not require witnesses to sign in each other's presence, but the safest practice is for everyone to sign together in one sitting with the notary present for the affidavit.
3. Sign in front of your witnesses. Declare that the document is your will, sign at the end, and have the witnesses sign while you are all together.
4. Complete the self-proving affidavit before a notary. Optional but strongly recommended (Tex. Est. Code §§ 251.101 to 251.107 (self-proving affidavit at § 251.104; simultaneous execution form at § 251.1045)). Many people sign the will and the affidavit at the notary's office in one sitting.
5. Store the original safely. Texas allows a testator (or another person for the testator) to deposit a will with the county clerk of the county of residence for safekeeping during the testator's lifetime for a $5 fee; it is sealed and released only to the testator or, after death, delivered to the named executor (Tex. Est. Code §§ 252.001 to 252.204). If you do not deposit it: Keep the original in a safe, fireproof place your executor can access without a court order; a safe-deposit box may be sealed at death. Tell your executor where it is and give them a copy.
6. Tell your executor. Your executor needs to know the will exists and where it is. Give them the Executor Information Sheet.

Your spouse's rights

Texas is a community property state and has no elective share. Each spouse already owns one-half of the community property (Tex. Fam. Code § 3.002), so a will disposes of only the testator's half plus separate property. The surviving spouse has the right to occupy the homestead for life regardless of the will (Tex. Const. art. XVI, § 52; Tex. Est. Code §§ 102.002 to 102.006) and receives exempt property and a family allowance (Tex. Est. Code ch. 353).

Texas is a community property state. Property acquired during marriage is generally owned half by each spouse. A will disposes only of the testator's half plus separate property. Our Texas will includes a community property acknowledgment.

Homestead

Texas restricts the effect of a devise of the homestead. The homestead descends and vests as the will directs, but the surviving spouse (and minor children) may occupy it for life regardless of the will, and it is protected from most creditors' claims (Tex. Const. art. XVI, §§ 50, 52; Tex. Est. Code §§ 102.002 to 102.006). A devise of the homestead to anyone other than the spouse takes effect only after the spouse's occupancy right ends.

If you die without a will in Texas

If you die without a will in Texas, your half of the community property goes to your spouse if all of your children are also your spouse's; if any child is not, your half of the community property goes to your children (Tex. Est. Code § 201.003). Of your separate property, if you leave children, the spouse takes one-third of the personal property and a life estate in one-third of the real property and the children take the rest; if you leave no children, the spouse takes all of the personal property and half of the real property, with the other half going to your parents or siblings (Tex. Est. Code §§ 201.001, 201.002). More on intestacy.

Other estate-planning documents in Texas

• Durable financial power of attorney: Tex. Est. Code ch. 751 (Durable Power of Attorney Act) and ch. 752 (statutory durable power of attorney form at § 752.051). A durable power of attorney must be in writing, signed by the principal (or by another adult in the principal's conscious presence at the principal's direction), and acknowledged before a notary public (Tex. Est. Code § 751.0021). Witnesses are not required by statute; two adult witnesses are recommended. Record it with the county clerk before it is used for a real estate transaction that itself must be recorded (Tex. Est. Code § 751.151).
• Advance healthcare directive: Tex. Health & Safety Code § 166.031 et seq. (directive to physicians; form at § 166.033) and § 166.151 et seq. (medical power of attorney; form at § 166.164). A directive to physicians and a medical power of attorney must each be signed by the principal in the presence of either two competent adult witnesses or a notary public (Tex. Health & Safety Code §§ 166.032, 166.154). At least one witness must not be the appointed agent, related to the principal by blood or marriage, entitled to any part of the estate, the attending physician or an employee, an employee of the facility involved in the principal's care, or a claimant against the estate (Tex. Health & Safety Code § 166.003). The statutory forms may be used but other forms are valid if executed properly; the separate disclosure statement formerly required for the medical power of attorney was eliminated in 2017.
• HIPAA authorization: HIPAA authorization is governed by federal law (45 C.F.R. § 164.508); no state-specific execution formality. Sign and date it; no witnesses or notary are required, though notarization does no harm.
• Personal property memorandum: None — not authorized by statute; gifts of tangible property should be made in the will itself.

Texas notes

• Texas is a community property state (Tex. Fam. Code § 3.002). Your will controls only your separate property and your one-half interest in community property.
• The surviving spouse may occupy the Texas homestead for life regardless of the will (Tex. Const. art. XVI, § 52; Tex. Est. Code § 102.002 et seq.).
• Texas wills customarily direct 'independent administration' (Tex. Est. Code § 401.001), which lets the executor settle the estate with minimal court supervision; the will includes this direction.
• Texas recognizes holographic wills wholly in the testator's handwriting (Tex. Est. Code § 251.052), which can be made self-proved by the testator's own affidavit (§ 251.107); a typed, witnessed will is far easier to prove.
• Texas does not recognize a separate personal property memorandum; list gifts of specific items in the will itself.

Frequently asked questions

How many witnesses does a will need in Texas?

Texas requires 2 witnesses (Tex. Est. Code § 251.051). Two witnesses. Unless wholly in the testator's handwriting, the will must be in writing, signed by the testator (or by another person on the testator's behalf in the testator's presence and under the testator's direction), and attested by two or more credible witnesses at least 14 years old who subscribe their names in the testator's presence (Tex. Est. Code § 251.051). Use adult witnesses who take nothing under the will: a gift to a subscribing witness is void unless the will is otherwise established by a disinterested witness's testimony, and the interested witness may take no more than his or her intestate share (Tex. Est. Code §§ 254.002, 254.003). The statute does not require witnesses to sign in each other's presence, but the safest practice is for everyone to sign together in one sitting with the notary present for the affidavit.

Does a will need to be notarized in Texas?

Not for the will itself. A notary is needed only to make the will self-proving through the affidavit, which is strongly recommended.

Does Texas have a self-proving affidavit?

Yes (Tex. Est. Code §§ 251.101 to 251.107 (self-proving affidavit at § 251.104; simultaneous execution form at § 251.1045)). It lets the court accept the will without tracking down the witnesses later.

Are handwritten (holographic) wills valid in Texas?

Yes, Texas recognizes holographic wills under certain conditions, but a typed, witnessed will is far safer and is what this service produces.

Can I disinherit my spouse in Texas?

Texas is a community property state and has no elective share. Each spouse already owns one-half of the community property (Tex. Fam. Code § 3.002), so a will disposes of only the testator's half plus separate property. The surviving spouse has the right to occupy the homestead for life regardless of the will (Tex. Const. art. XVI, § 52; Tex. Est. Code §§ 102.002 to 102.006) and receives exempt property and a family allowance (Tex. Est. Code ch. 353).

What happens if I die without a will in Texas?

If you die without a will in Texas, your half of the community property goes to your spouse if all of your children are also your spouse's; if any child is not, your half of the community property goes to your children (Tex. Est. Code § 201.003). Of your separate property, if you leave children, the spouse takes one-third of the personal property and a life estate in one-third of the real property and the children take the rest; if you leave no children, the spouse takes all of the personal property and half of the real property, with the other half going to your parents or siblings (Tex. Est. Code §§ 201.001, 201.002).

Is a no-contest clause enforceable in Texas?

Texas enforces no-contest (forfeiture) clauses, but a clause is unenforceable if the contest was brought with just cause and in good faith (Tex. Est. Code § 254.005), and it does not apply to actions to construe the will, to compel a fiduciary to account, or to challenge a fiduciary.

Statutes cited are for reference and may have been amended. This page is general information, not legal advice.