How many witnesses does a Texas will need?

A typed will needs two credible witnesses age 14 or older who sign in your presence. A holographic will written entirely in your own hand needs no witnesses.

What is an independent executor in Texas?

It is an executor who can administer the estate with little court oversight, which is why Texas probate is often faster and cheaper. You name them in your will using the right language.

Is Texas a community-property state?

Yes. Property acquired during marriage is generally community property, which affects how an intestate estate is divided between your spouse and children.

Do Texas wills have to be notarized?

No. Notarization is not required for validity, but adding a self-proving affidavit before a notary makes the will easier to admit to probate.

Making a Will in Texas: Rules You Need to Know

Texas has distinctive rules that can make estate administration simpler than in many states, including independent administration. Texas is also a community-property state, so marital property is treated differently than in common-law states. This is general information, not legal advice — consult an attorney in your state.

Who can make a will in Texas?

In Texas you must be at least 18 (or married, or a member of the armed forces) and of sound mind to make a will. Sound mind means you understand you are making a will, know generally what you own, and recognize your natural heirs.

Documenting your capacity and signing freely helps your will withstand a later challenge.

What are the witness and notary rules?

A typed Texas will must be signed by you and attested by two credible witnesses over the age of 14 who sign in your presence. Texas also recognizes holographic wills written entirely in your own handwriting and signed, with no witnesses needed.

Texas does not require notarization for validity, but a self-proving affidavit signed before a notary lets the court admit the will without calling the witnesses to testify — a step that saves time and cost.

Two credible witnesses age 14 or older for a typed will.
Holographic wills need no witnesses.
A self-proving affidavit before a notary streamlines probate.

Is the executor called a Personal Representative?

Texas uses both terms. The person you name in your will is the executor, and Texas allows an independent executor who can administer the estate with minimal court supervision. Personal Representative is the umbrella term for executors and court-appointed administrators alike.

Naming an independent executor and including the right language is one of the main reasons Texas probate is often faster and cheaper than in other states.

What happens if you die without a will in Texas?

If you die intestate, Texas law divides your estate among your spouse and relatives under rules that distinguish community property from separate property. The shares can be surprising — for example, your children from a prior relationship can take a portion of community property that you might have wanted to leave to your spouse.

Dying without a will also forces a more involved court process and removes your ability to choose an independent executor or a guardian for your children.

Is probate required in Texas?

Probate is commonly used in Texas, but independent administration and small-estate procedures can make it relatively streamlined. Assets with beneficiary designations or held in joint ownership generally pass outside probate.

Texas also allows transfer-on-death deeds for real estate, which can move a home to a beneficiary without probate.

Can you make a Texas will online?

Yes. A properly signed and witnessed online will is valid in Texas. iFinallyWill produces a Texas-specific will and powers of attorney — including a self-proving affidavit — in about 20 minutes, with lifetime updates and a 60-day guarantee.

iFinallyWill supports all 50 states and every Canadian province. For large estates or blended families, legal advice can help you use Texas's independent-executor rules to best effect.

Frequently asked questions

How many witnesses does a Texas will need?: A typed will needs two credible witnesses age 14 or older who sign in your presence. A holographic will written entirely in your own hand needs no witnesses.
What is an independent executor in Texas?: It is an executor who can administer the estate with little court oversight, which is why Texas probate is often faster and cheaper. You name them in your will using the right language.
Is Texas a community-property state?: Yes. Property acquired during marriage is generally community property, which affects how an intestate estate is divided between your spouse and children.
Do Texas wills have to be notarized?: No. Notarization is not required for validity, but adding a self-proving affidavit before a notary makes the will easier to admit to probate.