Free Texas Last Will and Testament

In Texas, a will is signed before 2 witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimony.

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This information identifies you as the person making this will. It also determines your state's specific execution requirements.

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Texas requires 2 witnesses present when the testator signs. A gift to a witness who is also a beneficiary can be voided or reduced in Texas, so the usual practice is disinterested witnesses.

No. Texas does not require notarization for a will to be valid. The notary's role is the self-proving affidavit, a notarized statement the testator and witnesses sign with the will so it enters probate without locating the witnesses; the form includes it.

Yes. Texas recognizes holographic (handwritten) wills when the material provisions are in the testator's handwriting. A holographic will typically needs no witnesses, but it is easier to challenge than a formally executed will.

No. A will directs who inherits, but the estate still passes through Texas probate, where the court validates the will and oversees the distribution. A simple estate typically takes 4 months to 6 months, with attorney fees of typically 2.2% to 3.5% of the estate. In Texas, estates valued at $75,000 or less use the Small Estate Affidavit, 30 days after death, a court filing short of full probate. Assets held in a revocable living trust pass outside probate.

Texas has authorized remote online notarization for many documents, but wills are excluded, so the will's notarization happens in person.

Why Create a Will in Texas?

Texas is a community property state. Without a will, your community and separate property are divided under intestacy law — a formula that often produces unexpected results for blended families and unmarried partners. Who inherits in Texas without a will shows exactly what would happen.

A will can name guardians for minor children, specify who receives heirlooms and keepsakes, and appoint an executor to manage the estate.

Texas requires 2 witnesses at signing. The document carries a self-proving affidavit — a notarized statement that lets the will be admitted without the witnesses appearing in court.

Estates under $75,000 in Texas may qualify for simplified probate. A will directs who inherits, names guardians, and appoints an executor whatever the estate's size.

SimplyTrust Editorial·Updated September 16, 2026

Legal Sources

Data sourced from Texas statutes and official state code. How we research.

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Free Texas Last Will and Testament

In Texas, a will is signed before 2 witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimony.

Progress0%

Why Create a Will in Texas?

A will can name guardians for minor children, specify who receives heirlooms and keepsakes, and appoint an executor to manage the estate.

Texas requires 2 witnesses at signing. The document carries a self-proving affidavit — a notarized statement that lets the will be admitted without the witnesses appearing in court.

Estates under $75,000 in Texas may qualify for simplified probate. A will directs who inherits, names guardians, and appoints an executor whatever the estate's size.

Free Texas Last Will and Testament

Your Information

Is this your situation?

New Baby or Adoption

Marriage

Divorce

New Home

Forms for Planning Your Estate in Texas

Healthcare Power of Attorney

Financial Power of Attorney

Transfer on Death Deed

Vehicle Transfer on Death

Living Will

Tools for Planning Your Estate in Texas

How Much Does a Will Cost?

How Do I Name a Guardian for My Minor Children?

Trust or Will: Which Costs Less?

What Does Estate Planning Actually Cost?

How Much Life Insurance Do I Need?

Are My Beneficiary Designations Protected?

How Do I Sign Estate Documents?

Will My Estate Documents Transfer?

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Texas Estate Planning Resources

Free Texas Last Will and Testament

Your Information