Texas will requirements: what makes a will valid in Texas?

Who can make a will?

In Texas, you generally can make a will if you are of sound mind and, at the time you make it, you are 18 or older, or you are or have been married, or you are in the U.S. armed forces (or an auxiliary or the U.S. Maritime Service).

The person making the will is sometimes called the testator. LoneStarWill does not decide whether someone has legal capacity. If that is in doubt, talk with a Texas attorney.

Texas law on who may make a will

What does a standard Texas will need?

For a typical written will signed with witnesses, Texas generally looks for three things:

• It is in writing.
• You sign it (or someone signs for you, in your presence and at your direction).
• Two witnesses, each at least 14 years old, watch you sign and then sign the will themselves, in their own handwriting, in your presence.

Texas law calls this kind of will an attested will — meaning it was witnessed in the way the statute describes.

Texas law on writing, signing, and witnesses

What about handwritten wills?

Texas also recognizes a will written entirely in the person’s own handwriting. That kind of will does not have to be signed by witnesses in the same way. The law calls it a holographic will.

LoneStarWill does not prepare handwritten wills. It fills supported official printed forms, which are meant to be signed with witnesses.

Texas law on handwritten wills

Does the will need a notary?

Not necessarily — not every Texas will has to be notarized just to be valid. Witnesses and a notary are different roles. A notarized statement can still help later when the court process after death (often called probate) needs to prove the will. That extra step is called making the will self-proving.

Texas law on self-proved wills

Read more: Does a Texas will need a notary? and what self-proving means. Official packets: Texas will forms.

What LoneStarWill does

LoneStarWill walks eligible people through supported official Texas simple will forms and gives signing instructions. Downloading a PDF does not finish the will. You still need to print it and sign it correctly.

When you should consider a lawyer

A Texas estate-planning attorney is often the better path if:

• You are unsure what to choose
• You have a blended family
• You want to disinherit someone
• Someone receiving gifts gets SSI, Medicaid, SNAP, or similar benefits
• You own a business
• You own complex real estate
• You own property outside Texas
• You have a large estate or complicated tax situation
• You expect a family dispute
• You need legal advice

Next: how to make a will in Texas · Do I need a lawyer?.

LoneStarWill is self-help software, not a law firm, does not provide legal advice, and is not a substitute for the advice of an attorney. This page is general information. Creating a PDF is not the same as signing a will correctly.

Source review completed August 2026.