Texas keeps the formal requirements for a will short — Estates Code § 251.051 lists just three — but probate courts enforce them exactly as written. Here is what a valid typed will requires, how the signing ceremony should run, and why the optional self-proving affidavit is the best five minutes you will spend with a notary.
The three requirements
For a typed (non-handwritten) will, Texas requires:
- A writing — the will must be in writing;
- Your signature — signed by you in person, or by someone else signing your name in your presence and at your direction;
- Attestation — two or more credible witnesses, each at least 14 years old, who sign their names in their own handwriting in your presence.
Running the ceremony cleanly
The witnesses must sign in YOUR presence — that is the requirement courts police hardest. The clean way to run it: gather everyone in one room, declare that the document is your will, sign it at the end while both witnesses watch, then have each witness sign while you watch. Nobody leaves the room until every signature is done.
Pick witnesses with nothing to gain: Texas law disfavors gifts to a witness, and a beneficiary-witness can create real probate complications. Two disinterested adults is the standard we build into our signing instructions.
Notarization is NOT required for the will itself — a common myth. The notary enters only for the self-proving affidavit.
The self-proving affidavit: skip the witness hunt
Without more, probating your will someday means locating your witnesses — possibly decades later — so they can testify that the ceremony happened. Texas offers a fix: the self-proving affidavit under Estates Code § 251.104, a short sworn statement you and both witnesses sign before a notary, usually at the same sitting as the will.
A self-proved will is admitted to probate without witness testimony. Our Texas will includes the statutory affidavit — the exact § 251.104(e) form, age recitals and all — as its final page, with instructions for completing it at the signing ceremony.
A few Texas particulars
Texas also recognizes a wholly handwritten (holographic) will signed by the testator with no witnesses — but a typed will with a proper ceremony and affidavit is far easier for a court and your family to work with.
Your executor must qualify under Texas law, and an executor living outside Texas must appoint a Texas resident agent for service of process — worth considering when you choose.
Texas protects a surviving spouse and minor children with homestead, exempt-property, and family-allowance rights that a will cannot simply write away. If your plan tries to limit a spouse's rights, that is a conversation for a Texas attorney, not a form.
Frequently Asked Questions
Does my Texas will need to be notarized?
No. The will needs your signature and two witnesses. The notary is only for the optional — and strongly recommended — self-proving affidavit attached to the will.
Who can witness a Texas will?
Any credible witness at least 14 years old who signs in your presence. Use adults who inherit nothing under the will; a gift to a subscribing witness invites probate complications.
Can someone sign the will for me?
Yes — if you cannot physically sign, another person may sign your name, but only in your presence and at your direction, with the witnesses attesting as usual.
What happens if I die without a will in Texas?
The Estates Code's intestacy formula decides who inherits — a default that gets complicated fast with blended families and community property. A valid will replaces the formula with your actual wishes.