Knowledge & Resources
Wills and estate planning
What a will does, how to write one, and what your state requires for it to count.
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Wills and estate planning
What a will does, how to write one, and what your state requires for it to count.
Texas sets out what makes a will valid in Chapter 251 of the Estates Code. Two of its rules are unusual enough to be worth knowing before you sign.
A Texas will must be in writing, signed by the testator (or by someone else in the testator's presence and at their direction), and attested by two or more credible witnesses who subscribe their names in the testator's presence. Texas is unusual in one respect: its witnesses need only be at least 14 years old, where most states require adults. That is the floor rather than a recommendation. Witnesses may have to testify about your signing years from now, so choose people likely to be available and credible.
Tex. Est. Code § 251.051
No. Section 251.051 requires witnesses, not a notary, and a Texas will does not become valid by being notarized. A notary appears in Texas practice only in connection with a self-proving affidavit, which is a separate document that spares your witnesses from having to testify later. It does not replace them.
Tex. Est. Code § 251.051
Yes. A will written wholly in the testator's own handwriting does not need to be attested by subscribing witnesses at all. Note the word wholly: a printed form with handwritten blanks is not a holographic will in Texas, and mixing the two is how people think they have one when they do not. It remains a poor substitute for a witnessed will, because there is nobody to establish that you knew what you were signing.
Tex. Est. Code § 251.052
Texas is stricter than most states here. If a beneficiary is also a subscribing witness and the will cannot be established by other means, the gift to that witness is void outright, and the witness can still be compelled to testify. The one relief is that a witness who would have inherited anyway under intestacy keeps up to that intestate share, and no more. Use two witnesses who inherit nothing under the will and the question never arises.
Tex. Est. Code § 254.002
Anyone 18 or older and of sound mind may make a will in Texas. So may someone under 18 who is or has been married, or who is serving in the armed forces, an armed forces auxiliary, or the United States Maritime Service.
Tex. Est. Code § 251.001
Tex. Est. Code § 251.051 (Written, Signed, and Attested). In writing, signed by the testator in person (or by another in the testator's presence and under their direction), and attested by two or more credible witnesses aged at least 14 who subscribe in the testator's presence.
Links last checked 2026-08-24.
This is general information about the law, not legal advice, and it has not been reviewed by an attorney licensed in Texas. Requirements change. Confirm the current rules for your state before you sign.
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