What Do I Need to Sign My Will in Texas?
Witness, notary, and remote online notarization (RON) requirements for wills in Texas.
Texas requires 2 witnesses for a willTex. Est. Code § 251.051Verified Sep 16, 2026View source. A witness must be at least 18 years old.
Texas does not require notarization for a will to be validTex. Est. Code § 251.051Verified Sep 16, 2026View source. The notary's usual role in Texas is the optional self-proving affidavit: a notarized statement signed with the will that lets it enter probate without locating the witnesses.
Texas has authorized remote online notarization for many documentsTex. Govt. Code § 406.107Verified Sep 9, 2026View source, but wills are excludedTex. Govt. Code § 406.107Verified Sep 9, 2026View source; the notarization happens in person.
To execute a will in Texas: Find 2 adults to serve as witnesses. Review witness restrictions to ensure eligibility. Get the document notarized (standard practice, not required). Wet signature and in-person signing required
Yes. Texas has not adopted the Uniform Probate Code, but its probate code accepts a will that was valid under the law of the place it was signed. The practical wrinkle is the self-proving affidavit: a foreign will without one forces the witnesses to be located and either appear or sign declarations, and re-executing on a Texas form, or adding a Texas affidavit, removes that step. The Texas document portability tool carries the recognition rule by document type.
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Free forms for planning your estate in Texas: a will, living trust, pour-over will, both powers of attorney, living will, and TOD deed.
Last Will and Testament
In Texas, a will is signed before 2Tex. Est. Code § 251.051Verified Sep 16, 2026View source witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimonyTex. Est. Code § 251.051Verified Sep 16, 2026View source.
Healthcare Power of Attorney
Texas allows a choice for a healthcare power of attorney: 2Health & Safety Code § 166.164Verified Oct 15, 2026View source witnesses or a notary.
Financial Power of Attorney
Texas requires explicit durability language for a power of attorney to survive incapacityTex. Est. Code § 751.0021Verified Sep 20, 2026View source, and it is signed before a notaryTex. Est. Code § 751.0021Verified Sep 20, 2026View source.
Transfer on Death Deed
In Texas, a transfer on death deed is signed before a notaryTex. Estates Code 114.001 to 114.106Verified Oct 19, 2026View source, then recorded with the county before the owner's deathTex. Estates Code 114.001 to 114.106Verified Oct 19, 2026View source.
Vehicle Transfer on Death
Name a beneficiary to inherit your vehicle at death without probate. Available in 26 states and the District of Columbia.
Living Will
In Texas, the living will is the Directive to Physicians and Family or SurrogatesTex. Health & Safety Code ch. 166, Subchapter B (ss. 166.031-166.054), with Subchapter A (ss. 166.001-166.011)Verified Sep 27, 2026View source, a document of its own, apart from the healthcare power of attorney.
Pour-Over Will
In Texas, a pour-over will is signed before 2Tex. Est. Code § 251.051Verified Sep 16, 2026View source witnesses and moves anything left outside the trust into it through probate.
Tools for Planning Your Estate in Texas
Free tools for planning your estate in Texas: what a will or trust costs, whether you need a trust or TOD deed, and how documents are signed.
Will My Estate Documents Transfer?
Check if estate planning documents signed in one state are valid in another.
Trust or Will: Which Costs Less?
In Texas, a will-based plan pays probate attorney fees of typically 2.2%Tex. Est. Code § 352.051 (reasonable and necessarily incurred fees; no statutory percentage)Verified Sep 8, 2026View source to 3.5%Tex. Est. Code § 352.051 (reasonable and necessarily incurred fees; no statutory percentage)Verified Sep 8, 2026View source of the estate; a funded revocable trust keeps those assets out of probate and off that fee.
How Much Does a Revocable Living Trust Cost?
An attorney-prepared revocable living trust in Texas runs $4,130Estimate: 10 hours at $413, Clio's Texas Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $6,195Estimate: 15 hours at $413, Clio's Texas Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source for an individual, against $0 to $549 up front plus a subscription with an online service.
How Much Does a Will Cost?
An attorney-prepared will in Texas runs $1,161Estimate: 3 hours at $387, Clio's Texas Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $2,322Estimate: 6 hours at $387, Clio's Texas Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $299 up front with an online service, and probate on a $500,000 estate adds about $27,634Tex. Est. Code § 352.051 (reasonable and necessarily incurred fees; no statutory percentage)Verified Sep 8, 2026View source.
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How Do I Name a Guardian for My Minor Children?
In Texas, a parent names a guardian for a minor child in a will or a separate signed writingTex. Est. Code §§ 1104.053, 1104.151–1104.160Verified Sep 16, 2026View source, and the nomination covers the child until the age of majority, 18Tex. Fam. Code § 101.003Verified Sep 16, 2026View source.
Do I Need a Revocable Trust?
Probate in Texas takes 4 months to 6 months for a simple estate and charges attorney fees of typically 2.2%Tex. Est. Code § 352.051 (reasonable and necessarily incurred fees; no statutory percentage)Verified Sep 8, 2026View source to 3.5%Tex. Est. Code § 352.051 (reasonable and necessarily incurred fees; no statutory percentage)Verified Sep 8, 2026View source of the estate; assets held in a revocable trust skip both.
Do I Need a TOD Deed?
Texas authorizes transfer on death deedsTex. Estates Code 114.001 to 114.106Verified Oct 17, 2026View source: a recorded, revocable deed that passes real property at death outside probate.
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Texas Estate Planning Resources
In-depth guides covering Texas probate laws, trust requirements, and estate planning strategies.