Texas will requirements.

Who can make a valid will.

In Texas, you can make a will if you are at least 18, are or have been married, or are serving in the armed forces, and you are of sound mind. "Sound mind" means you understand that you are making a will, what you own, and who your family members are. A will can be challenged later on the grounds of lack of capacity or undue influence, so how it is signed and who is present matter.

The signing formalities.

A standard Texas will must be in writing, signed by you (or by someone else at your direction and in your presence), and attested by at least two credible witnesses who are at least 14 years old and who sign in your presence. In practice, everyone should be in the room at the same time.

• Sign the will in front of both witnesses
• Have both witnesses sign in front of you and each other
• Use disinterested witnesses — not people who inherit under the will
• Never rely on a typed or printed document with no signature or no witnesses

The self-proving affidavit: a small step that saves time.

A will does not have to be notarized to be valid in Texas. But adding a self-proving affidavit — signed by you and your witnesses in front of a notary — means the court can admit the will to probate without bringing the witnesses back to testify years later. Witnesses move, forget, or pass away. A self-proving affidavit removes that problem, which is why we include one in nearly every will we prepare.

Handwritten (holographic) wills.

Texas does recognize a will that is written entirely in the testator's own handwriting and signed, even without witnesses. It can be proved by witnesses who recognize the handwriting. But these wills are a frequent source of disputes: they are often vague, can leave out key decisions such as who serves as executor, and may be hard to prove if no one can vouch for the handwriting. If you have a handwritten will, treat it as a starting point and have it reviewed.

After you sign: storage and deadlines.

• Keep the original in a safe, accessible place and tell your executor where it is
• Texas allows you to deposit a will with the county clerk for safekeeping
• Generally, a will must be offered for probate within four years after the death
• A new will or a codicil must follow the same formalities as the original
• Review your will after a marriage, divorce, birth, move, or major change in assets

If you moved to Texas from another state, a will that was valid where it was signed is generally honored in Texas, but it may not account for Texas community property or homestead rules. See our guide on community property and the homestead, or the main wills page.