{"id":376692,"date":"2016-03-31T21:36:55","date_gmt":"2016-04-01T02:36:55","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/texas-law\/texas-wills-laws.html"},"modified":"2023-04-18T14:33:12","modified_gmt":"2023-04-18T19:33:12","slug":"texas-wills-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/texas-law\/texas-wills-laws.html","title":{"rendered":"Texas Wills Laws"},"content":{"rendered":"\n
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Texas Wills Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last reviewed\n

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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Wills are legally binding documents that detail how an individual would like his or her property divided after death. For the most part, states have very similar laws with respect to wills<\/a>.<\/p>\r\n

In Texas, to execute a valid will<\/a>, the law requires that the testator (the person for whom the will applies) be at least 18 years old and of sound mind (full mental capacity). Also, the state requires at least two credible witnesses. Texas recognizes holographic wills (wills that are written entirely in the testator\u2019s handwriting).<\/p>\r\n

Learn about the main provisions of Texas wills laws in the table below. See FindLaw’s Wills<\/a> section for additional resources.<\/p>\r\n\r\n

Code Section<\/p>\r\n<\/td>\r\n

Probate Code \u00a757, et seq.<\/p>\r\n<\/td>\r\n<\/tr>

Age of Testator<\/p>\r\n<\/td>\r\n

18 years or older or lawfully married or member of U.S. Armed Forces or auxiliaries or of the maritime service and of sound mind<\/p>\r\n<\/td>\r\n<\/tr>

Number of Witnesses<\/p>\r\n<\/td>\r\n

Attested by two or more credible witnesses above age of 14 subscribing names in presence of testator<\/p>\r\n<\/td>\r\n<\/tr>

Nuncupative (Oral Wills)<\/p>\r\n<\/td>\r\n

Must have been made during last sickness, at residence or where he has resided for at least 10 days or more before date of will unless taken sick and dies away from home; when value is more than $30, must be proved by three credible witnesses that testator called upon someone to bear testimony that such is his will.<\/p>\r\n<\/td>\r\n<\/tr>

Holographic Wills<\/p>\r\n<\/td>\r\n

Will wholly written in handwriting of testator needs no attesting witnesses and may be self-proved by testator attaching affidavit that it is his last will.<\/p>\r\n<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Note:<\/i><\/b> State laws are constantly changing — <\/i>contact a Texas wills attorney<\/i><\/a> or conduct your own legal research to verify the state law(s) you are researching.<\/i><\/p>\r\n

More Information<\/h2>\r\n

For more information on the laws relating to wills in Texas, feel free to check out the links leading to related resources provided below. You can also learn more about wills, trusts, and estates in FindLaw\u2019s section devoted to estate planning<\/a>. Finally, to ensure that your last wishes are clearly articulated and legally enforceable, retain a Texas estate planning lawyer<\/a> to help you draft and execute your will.<\/p>\r\n

Research the Law<\/h2>\r\n