How to Make a Will in Texas (Step-by-Step)

The short version

• To be valid in Texas, a will must be made by someone 18 or older (with narrow exceptions) and of sound mind, put in writing, and signed.
• You need two witnesses, each at least 14, who watch you sign and then sign it themselves.
• A will doesn't have to be notarized to be valid, but a notarized self-proving affidavit makes Houston probate much smoother.
• Name an "independent executor" and ask for "independent administration" to keep probate fast and low-cost.

Step 1: Decide who gets what — and who's in charge

Start with a simple inventory: home, vehicles, bank and retirement accounts, and personal items. Then decide your beneficiaries. Just as important, choose an executor you trust to carry out the will. In Texas, naming an independent executor and requesting independent administration lets that person settle your estate with minimal court supervision, which is the main reason Texas probate stays relatively affordable.

If you have minor children, name a guardian. This is often the single biggest reason young Houston families finally sit down to write a will.

Step 2: Put it in writing and sign it correctly

You can type your will or, in Texas, write one entirely by hand (a "holographic" will), which needs no witnesses. Most people use a typed will because it's clearer and easier to probate.

For a typed will, sign it in front of two witnesses who are each at least 14 and watch you sign. They then sign in your presence. Choose witnesses who won't inherit under the will to avoid complications.

Step 3: Make it "self-proving"

A self-proving affidavit is a short notarized statement you and your witnesses sign before a notary. It isn't required for validity, but it lets the court accept your will without tracking down your witnesses years later — a real time-saver during probate in Harris County.

Step 4: Store it and finish your plan

Keep the signed original somewhere safe and tell your executor where it is. Courts probate the original, so a lost original can create real problems.

A will is only part of an estate plan. Most Texans should also sign a statutory durable power of attorney (finances), a medical power of attorney, and a directive to physicians (living will) so someone can act for you if you're incapacitated — something a will alone can't do.

Do you need a lawyer?

Texas doesn't require one, and simple wills can be valid without an attorney. But blended families, business interests, special-needs beneficiaries, or property in multiple states are worth a conversation with a Houston estate planning attorney to avoid costly mistakes.