Estate planning

Texas Last Will and Testament

A Texas Last Will and Testament lets you say who manages your estate, who inherits your property, and who should care for minor children. If you die without a will, Texas intestacy rules — not your family — decide those outcomes.

Last updated October 11, 2026

How to prepare a Texas Last Will and Testament

1. 1

   Answer the questionnaire

   Enter who you are, your executor, gifts, residue, and (if needed) a guardian or contingent trust for young beneficiaries.

2. 2

   Generate the Word document

   The site merges your answers into an attorney-reviewed Texas will template you can download and review on your computer.

3. 3

   Print and review

   Read every page. Confirm names, relationships, and gifts. Nothing is effective until you execute the printed document.

4. 4

   Sign with two witnesses

   Sign the will in the presence of two credible witnesses who are at least 14. They must sign in your presence. They do not have to sign in each other’s presence.

5. 5

   Add a self-proving affidavit (recommended)

   You and both witnesses sign the affidavit before a notary. That usually lets the court admit the will later without calling the witnesses in.

6. 6

   Store it and tell your executor

   Keep the original in a safe place your executor can find. A will sitting in an email draft or an unsigned printout does not speak for you.

What a Texas will does

A will is the document that speaks for you after death. In Texas it typically names an independent executor, describes gifts to specific people or charities, and directs what happens to the rest of your estate (the residue). Many Texas wills also include a contingent trust so a young beneficiary does not receive a lump sum too early.

A will does not avoid probate by itself. It tells the probate court how to administer your estate. Property that already has a beneficiary designation — such as a Transfer on Death Deed, life insurance, or a payable-on-death account — usually passes outside the will.

Texas will requirements

Texas Estates Code Chapter 251 sets the usual rules for an attested (typed) will: it must be in writing, signed by you (or by another person at your direction in your presence), and attested by two or more credible witnesses who are at least 14 years old and who sign in your presence. Texas does not require the witnesses to sign in each other’s presence, and a notary is not what makes the will valid.

Texas also recognizes a holographic will — one written entirely in your handwriting and signed by you — without witnesses. This site produces a typed attested will, not a holographic will. Texas does not currently treat a purely electronic will as valid, so you must print the file and sign the paper original.

Who can witness a Texas will

A witness should be a credible person at least 14 years old who is present when you sign and who signs in your presence. Best practice is to use two adults who are not beneficiaries and who are easy to find later if a self-proving affidavit is not used.

A gift to a witness can create proof problems. If you want to leave property to someone, do not use that person as a witness. Your named executor may serve as a witness in many cases, but an independent adult who takes nothing under the will is cleaner.

When Texans use a will

Use a will when you want to choose heirs instead of relying on Texas default inheritance rules, name someone you trust to wrap up your affairs, or coordinate gifts with a future living trust. Even a simple estate benefits from written instructions so family members are not guessing.

A will is usually the starting point, not the entire plan. People who own Texas real estate often add a Transfer on Death Deed. People who want someone to handle money or medical care during life still need powers of attorney — those documents do not go in the will.

Signing and self-proving a Texas will

Texas generally requires a written will signed by you and attested by two credible witnesses. Many Texas wills also include a self-proving affidavit signed before a notary. The affidavit is not what makes the will valid, but it typically makes probate faster because the witnesses do not have to appear in court later. See Texas Estates Code § 251.104.

This site generates a Word document from your answers using an attorney-reviewed Texas template. You still need to print, review, and sign it correctly. No document is effective until it is executed, and this service does not give legal advice or review your personal situation.

Common mistakes with online Texas wills

The most common failure is never signing. A downloaded Word file is a draft. Another frequent mistake is using only one witness, signing witnesses later without you present, or leaving the original in a place no one can find.

People also expect a will to transfer the house automatically. If you want a specific Texas property to pass without probate of that parcel, a recorded Transfer on Death Deed is the usual extra step. A will still names the executor and covers everything else.

Sources

• Texas Estates Code, Chapter 251 (Wills)

Related Texas documents

• Texas Will vs. Living Trust

  Compare a Texas last will and a living trust: probate, privacy, incapacity, cost, and when a Transfer on Death Deed may be enough for a home.

• Texas Transfer on Death Deed (TODD)

  A Texas Transfer on Death Deed lets you name who receives your real estate at death, often without probate. Learn recording rules, then prepare a TODD online.

• Texas Appointment of Guardian for Children

  Name who should raise your minor children and manage their property if you die or become incapacitated. Prepare a Texas guardianship appointment online.