Texas will requirements
A typed will in Texas needs two witnesses aged 14 or older who watch you sign and sign the will themselves. A notary is not required for validity, only for a self-proving affidavit.
- 2
- Witnesses required, each at least 14
- Optional
- Notary (needed only for self-proving affidavit)
Texas Estates Code 251.051, read Oct 5, 2026. See source
On this page
Key facts
- Two witnesses, each at least 14 years old, must watch you sign and sign the will in your presence1.
- No notary is needed for a typed will to be valid in Texas1.
- A holographic will (handwritten and signed entirely in your own handwriting) needs no witnesses2.
- A self-proving affidavit, signed before a notary at the time of execution or later, means witnesses do not have to testify at probate4.
What the statute says
Texas Estates Code 251.051 requires that a typed or printed will 'be attested by two or more credible witnesses who are at least 14 years of age and who subscribe their names to the will in their own handwriting in the testator's presence'1. The word 'credible' means competent to testify and free from legal disqualification; the statute does not say they must be disinterested, though naming a witness as a beneficiary can create complications.
Section 251.052 provides a complete exception for holographic wills: 'a will written wholly in the testator's handwriting is not required to be attested by subscribing witnesses'2. The entire document, including the date and signature, must be in your own handwriting for this exception to apply.
Section 251.001 sets out who may execute a will: a person who is 18 or older, or who is or has been married, or who is a member of the armed forces3. Minors who fall outside those categories cannot make a valid will in Texas.
Texas will signing rules at a glance
| Requirement | Rule | Notes |
|---|---|---|
| Witnesses1 | Two or more | Each must be at least 14; they sign in the testator's presence |
| Witness presence1 | Must witness the signing | Or the testator's acknowledgment of the signature |
| Notary4 | Not required for validity | Required only for a self-proving affidavit |
| Holographic will2 | No witnesses needed | Must be entirely in the testator's own handwriting |
| Minimum age to make a will3 | 18 (or married, or armed forces) | Texas Estates Code 251.001 |
| Source | Texas Estates Code 251.051 and 251.052Read Oct 5, 2026 | Texas Estates Code ch. 251Read Oct 5, 2026 |
How to sign a Texas will
Step 1
Choose two witnesses aged 14 or older
They do not need to be disinterested, but naming a witness as a beneficiary can trigger scrutiny, so use non-beneficiary witnesses where possible.
Step 2
Sign the will in front of both witnesses
All three of you should be together when you sign. Section 251.051 requires the witnesses to subscribe in your presence.
Step 3
Both witnesses sign the will in your presence
Each witness writes their name in their own handwriting on the will while you are watching.
Step 4
Add a self-proving affidavit (optional but recommended)
With a notary present, you and the witnesses sign an affidavit under Texas Estates Code 251.104. Your executor will not need to find the witnesses at probate.
Step 5
Store the original safely
Tell your executor and at least one trusted person where the original will is kept.
Texas will questions
Does a Texas will need to be notarized?
No. Notarization is not required for a typed Texas will to be valid. It is required only if you want to add a self-proving affidavit, which speeds up probate4.
Can my spouse or child be a witness?
The statute does not prohibit it, but naming a witness as a beneficiary can create problems. Use non-beneficiary witnesses to avoid any dispute.
Is a handwritten will valid in Texas?
Yes, if the entire document including the date and signature is in your own handwriting. Such a holographic will needs no witnesses2.
Can I make a will in Texas if I am under 18?
Yes, if you are or have been married, or are a member of the armed forces. Otherwise, you must be at least 183.
What if I die without a will in Texas?
Texas intestacy law (Estates Code Title 2) governs distribution. The Texas State Law Library's wills and directives guide covers the basics5.
Online will services with Texas-specific questionnaires
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