But what is required to make a valid one? From the signature requirements to witness requirements to notarization, we discuss everything you need to know about getting a will in Texas. Let’s dive in, Cowboys!

The Testator (a.k.a., the will-maker) must put the will in writing and sign it, and two witnesses must attest to its signing and also sign it themselves. (Tex. Est. Code § 251.051). The witnesses must sign the will in the presence of the Testator. This requirement is to ensure that the Testator’s true intentions are documented in a written format (no verbal wills) and the Testator is clearly identified as the one making the will (signature). The presence of witnesses helps to prevent fraud, coercion, or undue influence and provides evidence that the will is genuine and accurately reflects the Testator’s wishes. This formality also helps to protect the Testator’s beneficiaries by reducing the potential for disputes or challenges to the will’s validity because two people can attest to the Testator’s wishes of the will being enforced. 

So, who can be a witness to your Texas will? The two-witness requirement in Texas is dictated by Tex. Est. Code § 251.051 and basically says that anyone (14 years of age or older) who is “credible” can be a witness to a will. They simply must sign the will in their own handwriting in the presence of the will-maker. It is also best to have the two witnesses not be beneficiaries of the will (this is called a “disinterested” witness). 

In Texas, you can get something known as a “self-proving will,” which is (Tex. Est. Code § 251.101). This simply means that the will is notarized by using a specific attachment to the will (affidavit) or specific language in the will. Creating a self-proving will may make probate easier for your beneficiaries by potentially not requiring the testimony of the witnesses because it was formally notarized (Tex. Est. Code § 251.102).

No—it’s not a formal requirement to make a will valid. However, getting your will notarized according to Tex. Est. Code § 251.101 (which is called a “self-proving will”) can be beneficial for speeding up the probate process once you die. Having a notarized will can remove the need for the probate court to call in your will’s witnesses to provide testimony that you actually signed the will. That’s why it’s called “self-proving”: you don’t need anyone (the witnesses) to prove it was actually signed.

Yeehaw! Now you’re a real expert on Texas wills! Remember, partner, while a handwritten will (holographic will) might work for some folks, a witnessed and self-proved will is the best way to ensure your final wishes are carried out without any issues. So, saddle up and get that will in order—it’s the best way to protect your legacy and give yourself and your loved ones peace of mind.