TX · LAST-WILL · Updated July 2026 · Free
Texas Last Will and Testament PDF
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Texas at a glance: Witnesses Required: 2 witnesses (minimum age 14) · Holographic Wills: Recognized (must be 100% handwritten) · Notary Required: No (required for self-proving affidavit)
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Overview
Last Wills and Testaments in Texas
Texas wills are governed by the Texas Estates Code. A standard written will must be signed by the testator and at least two witnesses who are at least 14 years of age and sign in the testator's presence (Tex. Est. Code § 251.051). Texas permits holographic wills if written entirely in the testator's handwriting.
Texas allows a will to be made "self-proving" by attaching a statutory self-proving affidavit signed by the testator and witnesses before a notary public (Tex. Est. Code § 251.104).
Key Facts
Texas Last Will and Testament — Quick Reference
| Requirement | Texas Rule |
|---|---|
| Witnesses Required | 2 witnesses (minimum age 14) |
| Holographic Wills | Recognized (must be 100% handwritten) |
| Notary Required | No (required for self-proving affidavit) |
| Governing Law | Tex. Est. Code § 251.051 |
Legal Requirements
Texas Legal Requirements
- Testator must be of sound mind and at least 18 years old, married, or a member of the armed forces.
- Must be in writing and signed by the testator.
- Witnessed by two credible persons aged 14 or older in the testator's presence.
Governing Laws
Texas Governing Laws
Tex. Est. Code § 251.051
Written Wills
Mandates wills be in writing, signed by the testator, and attested by two or more credible witnesses.
Tex. Est. Code § 251.104
Self-Proving Wills
Authorizes the attachment of a notary affidavit to make the will self-proving.
Read the full text of these laws at Cornell Law School's Texas legal resources or your state legislature's official website.
Questions & Answers
Texas Last Will and Testament — Frequently Asked Questions
Can witnesses to a Texas will be beneficiaries?
It is highly discouraged. Under Texas law, a bequest to a subscribing witness is void unless the witness's testimony is corroborated by a disinterested person.
What is the age limit for witnesses in Texas?
Witnesses to a Texas Last Will and Testament must be at least 14 years old.