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Texas Last Will and Testament

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Texas Legal Requirements

Key TX statutes and obligations that apply to your last will and testament.

Requirements

  • Must be signed by the testator (or by another person at testator's direction)
  • Two credible witnesses required, both over age 14
  • Witnesses must sign in the testator's presence
  • Holographic wills (in testator's own handwriting) are valid in Texas without witnesses
  • Self-proving affidavit (Estates Code § 251.104) recommended to simplify probate

Restrictions & Limits

  • Testator must be at least 18 years old, or married, or in the military
  • Community property: cannot disinherit spouse from community property
  • Spouses each own half of community property acquired during marriage

Official Statute References

Primary Texas statutes governing this document type.

Texas Last Will and Testament FAQ

Common questions about last will and testaments under Texas law.

How many witnesses are required for a Texas will?

Two credible witnesses are required for a Texas attested will. Both must be present when the testator signs (or acknowledges the signature), and both must sign in the testator's presence. Witnesses should not be beneficiaries.

What is a Texas independent administration?

Texas allows 'independent administration' of estates, meaning the executor can administer the estate without court supervision for each step. This makes Texas probate faster and less expensive than in many other states.

Is a holographic will valid in Texas?

Yes. Under Texas Estates Code § 251.052, a holographic will (entirely in the testator's handwriting and signed by the testator) is valid without witnesses. However, typed wills with self-proving affidavits are more practical.

What happens to community property in a Texas will?

Each spouse owns half of community property acquired during marriage. You can only dispose of your half in your will. Your spouse automatically retains their half regardless of what your will says.

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Disclaimer: LegalLawDocs.com provides self-help legal documents for informational purposes only. The documents and information on this site do not constitute legal advice and are not a substitute for consultation with a licensed attorney. Laws vary by state and change frequently — review your document with a qualified professional before relying on it.