What Makes a Will Valid in Texas? What are the Requirements?

Why Having a Valid Will in Texas Matters

Creating a legally valid Will in Texas is one of the most important steps to protect your loved ones and ensure your assets are distributed according to your wishes. Texas law outlines specific requirements for a valid Will, and failing to follow them could mean your property is divided under Texas intestacy laws—not how you intended.

In this article, our estate planning attorneys at Capitol Law Partners explain exactly what makes a Will valid in Texas, whether it needs to be notarized, and why working with a professional lawyer helps ensure your estate plan stands the test of time.

What Are the Legal Requirements for a Valid Will in Texas?

To be legally valid under Texas Estates Code, a Will must meet all of the following conditions:

Legal Capacity The person creating the Will (the “testator”) must be at least 18 years old, legally married, or serving in the U.S. military.
Testamentary Capacity (Sound Mind) The testator must understand:
- That they are making a Will;
- The effect of creating a Will;
- The general nature and extent of their property;
- Who their family members or beneficiaries are; and
- How these factors come together in their estate plan.
Testamentary Intent The testator must intend for the document to serve as their Last Will and Testament.
The Will Must Be in Writing Texas recognizes two main forms of written Wills:
- Holographic Will (Handwritten Will) – Entirely written and signed by the testator. Witnesses are not required.
- Attested Will (Typed or Formal Will) – Signed by the testator in the presence of two credible witnesses(over 14 years old), who also sign in the testator’s presence.

💡 Tip: Even a technically valid Will can fail in probate if language is unclear or improperly executed. Always have an estate planning attorney review your documents.

Does a Will Need to Be Notarized in Texas?

No. A Will in Texas does not have to be notarized to be legally valid. However, most lawyers include a self-proving affidavit, which does require notarization. This affidavit speeds up probate by confirming that all signing requirements were met.

What Is a Self-Proving Affidavit and Why It Matters

A self-proving affidavit is a sworn statement signed by the testator and witnesses before a notary public. It verifies that the Will was properly executed and can serve as automatic proof in court.

Without this affidavit, witnesses may need to appear in court to verify the Will’s authenticity. Adding one saves time, cost, and stress during the probate process.

What Happens If a Will Is Not Valid in Texas?

If a Will fails to meet Texas legal standards, it cannot be admitted to probate. Instead, the estate will be distributed according to Texas intestacy laws—a rigid, court-determined formula that often ignores personal wishes.

Without a valid Will, you lose the ability to:

Appoint an executor to handle your estate
Name guardians for your minor children
Establish trusts for your heirs
Direct how taxes, debts, and expenses are paid
Control who receives your property

⚠️ Dying without a valid Will in Texas means your property could go to relatives you didn’t intend—or exclude loved ones you meant to provide for.

Do You Need a Lawyer to Create a Will in Texas?

While anyone can draft a Will without a lawyer, DIY Wills are often risky. Common mistakes include:

Missing witness signatures
Using ambiguous or invalid wording
Failing to meet formal execution requirements

Even a small oversight can invalidate an entire Will. A Texas estate planning attorney ensures your Will complies with the law and clearly expresses your intentions.

Why Work with Capitol Law Partners

At Capitol Law Partners, our estate planning lawyers help Texans create legally sound, customized estate plans that protect their families and preserve their legacies. We take time to understand your goals and draft Wills and trusts that comply fully with Texas law.

Our services include: