{"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":"2026-06-16T12:01:18","modified_gmt":"2026-06-16T17:01:18","slug":"texas-wills-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/texas-law\/texas-wills-laws.html","title":{"rendered":"Texas Will Requirements"},"content":{"rendered":"\n
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Texas Will Requirements<\/h1>\n\n
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\n By Carol Clasby, J.D.<\/a> | Legally reviewed by Catherine Hodder, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\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

\n \n <\/i>\n Fact-Checked\n <\/summary>\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\n\n

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Key Takeaways<\/h2>\n

A Texas will<\/span> is a legal document<\/span> that allows someone to direct how their property and assets are distributed after their death, name guardians for minor children<\/span>, and appoint an executor of their estate. To be a valid Texas will<\/span>, the person making the will must be at least 18 years old<\/span>, competent, and sign the will in front of two witnesses.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

Most people don\u2019t want to think about their death, let alone plan for it, but it\u2019s something that needs to be done. Providing your family members<\/span> and loved ones<\/span> with some guidance can be one of the most important things you do. Creating your last will and testament<\/span><\/a> (will) is a step you can take today to care for your family in the future.<\/p>\n

Estate planning<\/span><\/a> is for everyone. Your estate plan<\/span> is simply the collection of legal documents<\/span> that express your final wishes. A will is one of the tools you can use to direct who your estate (the personal property<\/span> and real property you own at your death) passes to. Your estate plan<\/span> can include nominating a guardian for your minor children<\/span>. This can apply both temporarily, while you\u2019re incapacitated and unable to care for them, or permanently if you pass away while they are minors. Incapacity planning can also include a durable power of attorney<\/span><\/a> to appoint a trusted person to manage your financial matters or healthcare<\/span> decisions, as well as a living will<\/a> to provide specific guidance on your end-of-life healthcare<\/span> decisions.<\/p>\n

Without an estate plan<\/span> in place, you leave critical decisions in the hands of the probate<\/span> court<\/span>. While it will attempt to meet your best interests, the probate<\/span> court<\/span> must consider \u201cone-size-fits-all\u201d state law<\/span>, which may not match your intentions.<\/p>\n

Making sure your estate is distributed the way you want is worth the effort to prepare. This article focuses on the legal requirements<\/span> for a valid will<\/span>, ways to create a will, what happens if you die without a valid will<\/span>, and how the probate<\/span> process<\/span> works in the state of Texas<\/span>.<\/p>\n

Texas Will<\/span> Requirements<\/span><\/strong><\/h2>\n

The Texas Estates Code<\/span><\/a> sets the requirements and procedures for Texas wills<\/span>, estates, and guardianship. The general requirements for a valid will<\/span> address:<\/p>\n