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A valid Texas will must be in writing, signed by you, and witnessed by two people at least 14 years old — or written entirely in your own handwriting with no witnesses at all. Notarization is not required. Online services prepare a state-specific Texas will for $199–$299; an attorney-drafted will typically runs several hundred dollars to $1,000+ at Texas hourly rates. Every requirement on this page cites the Texas Estates Code directly.
Most Texas adults can finish a legally valid will in under an hour.
If your situation is straightforward — you know who gets what, who’s in charge, and who raises your kids — an online service like Trust & Will builds a Texas-specific will with the witness and self-proving pages ready to sign.
Disclosure: we earn a commission if you buy through the Trust & Will links here, at no extra cost to you. Complex situations belong with an attorney and we say so below.
Texas Will Requirements (2026)
Texas Estates Code § 251.051 sets three requirements for a standard (attested) will:
| Requirement | Texas rule | Statute |
|---|---|---|
| In writing | Typed or handwritten — Texas does not recognize oral or video wills | § 251.051(1) |
| Signed | By you in person, or by someone else in your presence and at your direction | § 251.051(2) |
| Witnessed | Two or more credible witnesses, at least 14 years old, who sign in their own handwriting in your presence | § 251.051(3) |
| Notarized | Not required for validity — a notary comes in only for the optional self-proving affidavit below | — |
Who can make a will: anyone of sound mind who is 18 or older — and, unusually, Texans under 18 who are or have been married, or who serve in the U.S. armed forces, an armed forces auxiliary, or the U.S. Maritime Service (§ 251.001). Texas’s witness minimum age of 14 is among the youngest in the country; most states require witnesses to be adults.
The self-proving affidavit: skip the witness hunt at probate
A will can be probated in Texas without tracking down the witnesses years later if it carries a self-proving affidavit — a short notarized statement signed by you and both witnesses, attached to the will (§§ 251.101–251.104). Texas also allows the affidavit to be built into the will’s signature block itself (§ 251.1045). You can add one when you sign the will or any time afterward while you and the witnesses are alive (§ 251.103). Every properly built Texas will package — online or attorney-drafted — should include one. This is the only step where a notary is involved.
Handwritten (Holographic) Wills Are Valid in Texas
Texas is one of the states that fully recognizes holographic wills: a will written wholly in your own handwriting needs no witnesses at all (§ 251.052). You can even make a holographic will self-proving with your own affidavit stating it’s your will, you were of sound mind, and you haven’t revoked it (§ 251.107). Oklahoma recognizes them too, but adds a requirement Texas does not: the will must be dated in your own hand, or it fails.
Valid is not the same as wise. Holographic wills are the most-contested wills in Texas probate courts — partly typed documents fail the “wholly in handwriting” test, unclear wording invites family fights, and there are no witnesses to back up your capacity. Treat the holographic will as Texas’s emergency backstop, not a plan. Louisiana, on the other side of the Sabine, treats its handwritten equivalent very differently: the olographic testament is one of only two forms the state recognizes at all.
Electronic Wills: Not Legal in Texas
Texas has not authorized electronic wills. Bills to adopt the Uniform Electronic Wills Act have been introduced in the Legislature but none has passed, and Estates Code Chapter 251 — current through the 2025 legislative sessions — contains no electronic-will provision. A Texas will must be a signed physical document. An “online will” service is legal in Texas precisely because it produces a paper will you print and sign with witnesses — the service prepares the document; ink makes it valid. (A handful of states like Florida and Nevada do allow true electronic wills; a will validly executed in another state is generally recognized in Texas under § 251.053.)
Dying Without a Will in Texas: Who Gets What
Without a will, the Texas intestacy statutes decide — and because Texas is a community property state, the outcome surprises many families (Estates Code §§ 201.001–201.003):
| Your situation | What happens without a will |
|---|---|
| Married, all children shared with your spouse | Spouse keeps all community property, plus 1/3 of your separate personal property and a life estate in 1/3 of your separate land (§§ 201.003(b), 201.002(b)) |
| Married, with a child from a prior relationship | Your half of the community property — including half the family home — passes to your children, not your spouse (§ 201.003(c)) |
| Married, no children | Spouse takes all personal property and half your separate land outright; the other half goes to your parents or siblings if any survive (§ 201.002(c)–(d)) |
| Single with children | Everything to your children and their descendants (§ 201.001) |
| Single, no children | Parents, then siblings and their descendants (§ 201.001) |
The blended-family trap is the single best reason to write a Texas will. If you have children from a prior marriage and die without a will, your surviving spouse can end up co-owning the house with your kids — or with their guardian, or their other parent acting for them. A one-page will prevents that outcome entirely.
What a Will Costs in Texas
| Route | Typical cost | What you get |
|---|---|---|
| Handwritten (holographic) | $0 | Valid if wholly handwritten — and the most-contested format in probate |
| Online service | $199 individual / $299 couple | Texas-specific will with witness pages and self-proving affidavit, done in about an hour |
| Texas attorney | Several hundred to $1,000+ simple; more for couples or complex estates | Custom drafting and counsel — the State Bar of Texas reports a median rate of $368/hour for private practitioners (2025), and a simple will takes roughly one to three attorney hours |
Prices above are national online-service pricing verified against Trust & Will’s published rates (August 2026) and the State Bar of Texas 2025 Income and Hourly Rate Report. Attorney flat fees vary by city — Houston, Dallas–Fort Worth, and Austin run above the state median. See how Texas compares with the rest of the country for national cost ranges and a state-by-state table of will requirements.
What a Texas Will Does Not Do
A will is necessary — and it is not sufficient. Three things Texans routinely get wrong:
1. A will does not avoid probate. A will is a set of instructions to the probate court, not a way around it. Texas probate is friendlier than most states — independent administration (Estates Code ch. 401) lets your executor act largely without court supervision, and muniment of title (§ 257.001) can transfer property on a will alone when there are no unpaid debts. But it is still a court process with filings, notice periods, and a public record. If avoiding probate is the goal — common for Texans whose main asset is a home — that’s what a living trust does: see what a living trust costs in Texas.
2. A will does not cover incapacity. It speaks only at death. A complete Texas plan pairs the will with a durable power of attorney and a medical power of attorney — see the five documents every family needs.
3. A will does not override beneficiary designations. Life insurance, retirement accounts, and payable-on-death accounts pass to the named beneficiary no matter what the will says. Texas families lose more money to stale beneficiary forms than to defective wills.
Will vs. Trust for Texas Families
Most Texas families need a will either way — the real question is whether to add a living trust on top. The short version: if you rent, hold modest assets, and Texas’s simplified probate options would apply to your estate, a will alone may genuinely be enough — Texas is one of the few states where that’s true. If you own a home, have a blended family, own property outside Texas, or want your affairs kept out of the public record, the trust earns its cost. See the full comparison in Trust vs. Will: Which Does Your Family Need? and the Texas-specific numbers in our Texas living trust cost guide.
If the will route fits your situation, Trust & Will’s Texas will package includes the witness pages, the self-proving affidavit, guardianship nominations, and a medical power of attorney — build your Texas will here.
FAQ
Does a will have to be notarized in Texas?
No. A Texas will needs a writing, your signature, and two witnesses age 14 or older (Estates Code § 251.051). A notary is only used for the optional self-proving affidavit, which lets the will be probated without calling the witnesses to testify.
Are handwritten wills legal in Texas?
Yes. A will written wholly in your own handwriting is valid with no witnesses (§ 251.052). It must be entirely handwritten — a typed form with handwritten blanks does not qualify.
Can I make an electronic or online will in Texas?
Texas does not recognize electronic wills — the signed document must be physical. Online will services are legal because they prepare a paper will that you print and execute with witnesses.
What happens if I die without a will in Texas?
The intestacy statutes distribute your estate (§§ 201.001–201.003). If all your children are also your surviving spouse’s children, your spouse keeps all community property. If you have a child from a prior relationship, your half of the community property passes to your children instead of your spouse.
How much does a will cost in Texas?
About $199–$299 through an online service, or several hundred dollars to $1,000+ attorney-drafted at the Texas median rate of $368/hour. A wholly handwritten will costs nothing but is the format most often challenged in probate.
Does a will avoid probate in Texas?
No — a will goes through probate. Texas softens this with independent administration and muniment of title, but the only common tools that skip probate entirely are living trusts, beneficiary designations, and survivorship titling.
Texas Statutes Cited on This Page
- Texas Estates Code ch. 251 — will formation, execution, holographic wills, self-proving affidavits (§§ 251.001, 251.051–.053, 251.101–.107)
- Texas Estates Code ch. 201 — intestate succession (§§ 201.001–201.003)
- State Bar of Texas, 2025 Income and Hourly Rate Report — median hourly rate
Update log — August 2026: page created; all statutory requirements verified against the Texas Estates Code as current through the 89th Legislature, 2nd Called Session (2025). Reviewed when Texas law changes.