How to Write a Will in Texas: Step-by-Step Guide (2026)

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Writing a will in Texas is more straightforward than most people expect. You do not need a lawyer, you do not need a notary, and in many cases you do not even need witnesses. Texas is one of the states that fully recognizes the holographic will, a document written entirely in your own hand and signed by you.

This guide walks through both valid paths: the fully handwritten route that most people can complete in a single evening, and the traditional witnessed will. It also covers how Texas community property rules shape what you can actually give away, and where to keep the finished document.

Two valid ways to make a will in Texas

Texas law recognizes two main forms of a valid will. The first is the holographic will (a handwritten will), which must be written wholly in the testator's own handwriting and signed. A will written entirely in your handwriting is not required to be attested by witnesses.1 That single feature makes it the simplest option for most people.

The second is the witnessed (attested) will, which can be typed or printed but must be signed in front of two witnesses. We cover that alternative below. For a deeper look at the handwritten option, see our guide to the holographic will in Texas.

How to write a holographic will in Texas: step by step

Follow these steps in order. The whole document must be in your handwriting, so set aside a quiet hour and use a pen.

  1. Write everything by hand. Use a blank sheet of paper and write the entire will yourself. Do not paste in printed text or fill in a typed form, because the "wholly in the testator's handwriting" requirement means printed portions can undermine the whole document.1
  2. Identify yourself and your intent. Start with your full legal name and city (for example, Houston, Dallas, Austin, or San Antonio) and state clearly that this is your last will and testament.
  3. Revoke earlier wills. Add a sentence revoking any prior wills and codicils, so there is no conflict later.
  4. Name an executor. Choose the person you trust to carry out your wishes and name them clearly. Naming an alternate is wise in case your first choice cannot serve.
  5. State who gets what. Describe your gifts plainly. You can name specific items and people, and you can leave the rest of your estate ("the residue") to one person or split it.
  6. Add the date. Texas does not require a date for a holographic will to be valid, but adding one is strongly recommended. If more than one will surfaces, the date shows which is most recent.
  7. Sign it. Sign at the end in your own hand. The signature is what makes the document legally operative.

Template: holographic will with executor and gifts

Last Will and Testament of Jane A. Doe

I, Jane A. Doe, of Austin, Texas, being of sound mind, declare this to be my last will and testament, and I revoke all prior wills.

I appoint my brother, John Doe, as executor, to serve without bond.

I give my home at 100 Elm Street to my daughter, Mary Doe.

I give the rest of my property to my two children in equal shares.

Signed this 3rd day of July, 2026.

Jane A. Doe

The optional self-proving affidavit

A holographic will is valid on its own, but you can make it "self-proved" by attaching an affidavit stating that you are at least 18 years old, of sound mind, and have not revoked the will.2 A self-proved will can be admitted to probate without the court needing extra testimony, which saves your family time. This step is optional and requires a notary, so many people skip it and rely on the plain handwritten will.

The witnessed alternative

If you would rather type your will, Texas allows a traditional attested will. It must be in writing, signed by you, and attested by two or more credible witnesses who are at least 14 years old and who sign their names in your presence.3 Choose witnesses who are not receiving anything under the will, to avoid complications. Our Texas will template guide explains the wording either format needs.

What you can actually leave: community property

Texas is a community property state. If you are married, your surviving spouse already owns one half of the community property, so your will can only dispose of your own half of the community estate plus your separate property. Keep that in mind when you write your gifts, because you cannot give away a share your spouse already owns.

On the other hand, Texas has no forced heirship. You are free to leave your half and your separate property to whomever you choose, and you may disinherit an adult child if you wish. Just state your intentions clearly so there is no doubt.

If you die without a will, Texas intestacy rules decide everything. When all of your children are also your surviving spouse's children, your spouse generally keeps the community property.4 Your separate property, however, is split by a fixed statutory formula between your spouse and your children, which is often not what people would have chosen.5 Writing a will is how you keep that decision in your own hands.

Storing your finished will

Keep the original in a safe, findable place and tell your executor where it is. Texas also lets you deposit your will with the county clerk of your county of residence for safekeeping, and the clerk issues a certificate of deposit.6 There is no statewide will registry, so what matters most is that the person you named can locate the original when the time comes.

Quick checklist

  • Entire document written in your own handwriting
  • Your full name and city stated at the top
  • Prior wills revoked in one sentence
  • Executor (and an alternate) named
  • Gifts and residue clearly described
  • Date added (recommended, not required)
  • Signed by you at the end
  • Original stored somewhere your executor can find it

When you are ready to put it together, you can build a complete, Texas-specific document with our guided will generator, then copy it out by hand for the holographic route or print it for the witnessed route.

Sources

  1. 1Texas Estates Code Sec. 251.052 (holographic wills need no witnesses) (statutes.capitol.texas.gov)
  2. 2Self-Proving Wills in Texas (including holographic wills) (texaslawhelp.org)
  3. 3Texas Estates Code Sec. 251.051 (attested will requirements) (texas.public.law)
  4. 4Texas Estates Code Sec. 201.003 (community estate of an intestate) (statutes.capitol.texas.gov)
  5. 5Texas Estates Code Sec. 201.002 (separate estate of an intestate) (texas.public.law)
  6. 6Texas Estates Code Sec. 252.001 (depositing a will with the county clerk) (texas.public.law)
Max Kuch

About the author

Max Kuch

Max Kuch writes about estate planning, wills and inheritance for Texas Will Template. He gathers the rules from the Texas statutes and the leading public data, then explains them in plain, accessible language so anyone can put their wishes in writing.

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Frequently asked questions

Yes, provided you finish it the right way. Under Tex. Est. Code Sec. 251.051 and 251.052, a holographic will is valid when it is written wholly in your own handwriting and signed by you. No witnesses are required and no date is required. What we hand you is a clean, correctly structured draft. It becomes a legally valid holographic will the moment you copy the whole thing out by hand on paper and sign it yourself.

Because Texas recognizes two separate paths, and printing points you toward the harder one. A typed or printed will has to be signed in front of two credible witnesses to be valid. A holographic will skips the witnesses entirely, but only if it is written completely in your own handwriting. If you print our draft and sign it alone, it is neither a valid witnessed will nor a valid holographic will. Copying the full text by hand is what makes the witness-free route work, so the handwriting is not a formality, it is the whole point.

Texas gives you unusually wide freedom here. There is no forced heirship and no elective share, so you are not required to leave a fixed portion to your spouse or to your children, and you can disinherit an adult child if you choose. One thing you cannot give away, though, is property that is not fully yours. Texas is a community property state, which means your surviving spouse already owns one half of everything the two of you acquired during the marriage. Your will can only dispose of your own half of the community property plus your separate property, so name what is genuinely yours to give.

Keep the signed original somewhere safe and dry, and make sure the person you named as executor knows exactly where it is, because a copy is far weaker than the original if the will ever has to be probated. If you want extra security, the clerk of the county where you live can hold your will for safekeeping during your lifetime under Tex. Est. Code Sec. 252.001, whether you are in Houston, Dallas, Austin, San Antonio or anywhere else in the state. Texas has no statewide will registry, so there is no central database to file it in.

We strongly recommend against a single shared document. A holographic will has to be wholly in one person's handwriting, so two people physically cannot create one valid handwritten will together. Beyond that, joint wills tend to lock the survivor into terms that are painful to change after the first death. The clean solution is two separate mirror wills, one in each spouse's own handwriting, each signed by that spouse. You can make them say almost the same thing while keeping each one independently valid and freely revocable.

Yes, and it is easy. A Texas will has no expiration, but life does not stand still, so revisit it after a marriage, a divorce, a birth, a death or a move. The safest way to make a change is to handwrite and sign a brand new holographic will that revokes all previous wills, then destroy the old signed original so no stale version can surface later. Avoid scribbling edits in the margins of a finished will, since alterations can raise doubt about what you actually intended.

No, and we do not pretend it does. This service gives you a solid, well-organized draft for a straightforward estate, which covers a great many Texas families perfectly well. But if your situation is complex, for example a blended family, a business, property in more than one state, a beneficiary with special needs or a plan that involves a trust, you should have a Texas estate attorney review it. Think of this as a strong, affordable starting point, not as legal advice.

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