Texas Wills Laws

Created by FindLaw's team of legal writers and editors | Last reviewed April 18, 2023

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw’s team of legal writers and attorneys and in accordance with our editorial standards.

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors. 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.

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.

In Texas, to execute a valid will, 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’s handwriting).

Learn about the main provisions of Texas wills laws in the table below. See FindLaw's Wills section for additional resources.

Code Section

Probate Code §57, et seq.

Age of Testator

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

Number of Witnesses

Attested by two or more credible witnesses above age of 14 subscribing names in presence of testator

Nuncupative (Oral Wills)

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.

Holographic Wills

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.

Note: State laws are constantly changing -- contact a Texas wills attorney or conduct your own legal research to verify the state law(s) you are researching.

More Information

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’s section devoted to estate planning. Finally, to ensure that your last wishes are clearly articulated and legally enforceable, retain a Texas estate planning lawyer to help you draft and execute your will.

Research the Law

Texas Wills Laws: Related Resources

Was this helpful?

Can I Solve This on My Own or Do I Need an Attorney?

  • Complex wills & estate planning situations usually require a lawyer
  • A lawyer can reduce the chances of a legal dispute
  • DIY is possible in some simple cases
  • You can always have an attorney review your form

Get tailored advice and ask your legal questions. Many attorneys offer free consultations.

 

If you need an attorney, find one right now.

Helpful Links

Popular Directory Searches