How to Write a Will in Texas: Do You Need a Lawyer?

Key Highlights

• A valid Texas will requires the signatures of two disinterested witnesses and, although not mandatory, should ideally be notarized.
• Texas law recognizes holographic wills, which are handwritten entirely by the testator, negating the need for witness signatures.
• To create a will, one must be at least 18 years old and of sound mind to be deemed valid.
• A testator can specifically name beneficiaries and exclude heirs in their will.
• Although Texas does not impose estate or inheritance taxes, federal estate tax exemptions apply.
• It’s generally a good idea to consult with legal counsel for individuals with complex estates or who require guidance on creating a self-proving will.

Introduction

In Texas, where you find large ranches and busy cities, it is important to protect your legacy by understanding Texas law. Writing a last will is a key step to ensure your estate is managed according to your wishes after you pass away. This legal document provides peace of mind, ensuring your loved ones will be taken care of and your assets will be distributed as intended.

A well-prepared will simplifies the probate process for your heirs and offers some comfort during a difficult time. This article explores how to write a will in Texas, including legal requirements, types of wills, and the role of a lawyer in the process.

Understanding the Basics of Writing a Will in Texas

A will is a legal document that outlines your wishes regarding the distribution of your assets, the care of any minor children, and the management of your affairs after your death. This document provides control over your estate and ensures that your wishes are honored.

In Texas, a will must meet specific legal requirements to be valid. Understanding these rules is essential for drafting a will that will hold up during probate. The following sections will explain these key legal elements.

The Importance of Having a Will

In Texas, dying without a will is known as dying “intestate.” If you die without a valid will, the Texas probate court will distribute your assets based on intestacy laws, which may not align with your wishes. This could result in distant relatives inheriting your estate or the state taking a portion of it.

A well-written will gives you control over asset distribution. By naming your beneficiaries and specifying what they receive, you ensure that your loved ones, favorite charities, or other organizations inherit according to your wishes. Additionally, a will allows you to designate an executor you trust to manage your estate, pay off debts, and fulfill your final instructions.

Legal Requirements for Wills in Texas

Testamentary Capacity

The testator, or the person making the will, must be of sound mind, meaning they understand they are creating a legal document to distribute their property after death.

Age Requirement

The testator must be at least 18 years old, married, or serving in the military.

Written Format

The will must be in writing, either typed or handwritten.

Signature

The testator must sign the will in the presence of two credible witnesses.

Witness Signatures

The two witnesses must be at least 14 years old and cannot be beneficiaries of the will. They must sign the will in the testator’s presence and each other’s presence.

Meeting these requirements ensures that your will is enforceable and reduces the likelihood of disputes during probate.

Preparing to Write Your Will

Before writing your will, gather the necessary information to ensure completeness. This includes specific documents and considerations about asset distribution.

Essential Documents and Information You’ll Need

Personal Information

Your full legal name, date of birth, and Social Security number.

Assets Inventory

A comprehensive list of your assets, including real estate, vehicles, bank accounts, investments, retirement funds, and valuable personal items. Note any jointly owned assets.

Beneficiary Information

A list of beneficiaries, including their legal names, contact information, and relationship to you. If donating to charities, include their full legal names and addresses.

Executor Nomination

Choose an executor who is willing and capable of handling your estate affairs. If you have minor children, designate a guardian and include their details.

Other Legal Documents (Optional)

Gather any existing powers of attorney, living trusts, or healthcare directives.

Deciding on Beneficiaries and Assets

Be specific when naming beneficiaries. Avoid broad terms like “my children” if certain individuals should receive particular assets. If you have minor children, designate a guardian in your will to ensure their care. Clearly outlining asset distribution simplifies the process and minimizes potential disputes. Consider setting up a trust for minors to manage their inheritance until they reach a specified age.

Step-by-Step Guide to Writing a Will in Texas

Step 1: Choosing an Executor for Your Will

The executor is responsible for managing the probate process, ensuring your will is executed correctly, handling legal and financial matters, and communicating with the courts and beneficiaries. Their duties include locating and listing assets, paying debts and taxes, and distributing assets per your will. Choose someone you fully trust, as they will oversee significant decisions regarding your estate.

Step 2: Specifying Your Beneficiaries and Their Inheritances

Identify each beneficiary using their full legal name and relationship to you. Specify the assets each will receive, whether specific items, monetary amounts, or portions of your estate. Consider including a residuary clause to allocate any unaccounted-for assets.

Step 3: Adding Special Instructions, If Any

Include provisions for minor children, such as naming a guardian, outlining funeral preferences, or directing how personal items should be managed. If making charitable donations, specify them in this section.

Step 4: Signing Your Will in Front of Witnesses

Select two witnesses who are at least 14 years old and are not beneficiaries. Sign and date the will in their presence, ensuring they sign as well. Although not required, notarization simplifies the process by preventing the need for witness testimony later.

Store the original notarized will in a secure location, such as a fireproof safe or with an attorney, and provide copies to your executor and beneficiaries.

The Role of a Lawyer in Drafting a Will

When Should You Consider Legal Advice?

Simple wills may not require a lawyer, but professional guidance is beneficial in cases involving complex estates, blended families, business ownership, or special needs beneficiaries. An attorney ensures proper legal structuring to protect assets and minimize taxes.

DIY vs. Professional Help: Pros and Cons

Holographic Wills: Writing Your Own Will in Texas

Legality and Requirements of Holographic Wills

A holographic will is a handwritten will entirely written and signed by the testator. Texas law allows these wills without witness signatures, but they must be entirely in the testator’s handwriting to be valid.

Risks and Considerations of Self-Written Wills

Handwritten wills risk invalidation due to errors, may be difficult to interpret, and often fail to address complex estate planning needs. They are best suited for simple estates or temporary situations.

Conclusion

Writing a will in Texas ensures your assets are distributed according to your wishes. Understanding legal requirements, selecting an executor, and correctly signing your will are critical steps. While DIY wills are an option, legal consultation is advisable for complex estates. Holographic wills, while legal, come with risks. Seeking legal guidance can help protect your legacy and provide peace of mind.

Frequently Asked Questions

Do I Legally Need a Lawyer to Write a Will in Texas?

No, Texas law does not require a lawyer to write a will. However, consulting an attorney can help ensure accuracy and minimize errors.

What Makes a Will Valid in Texas?

A valid Texas will must be written, signed by the testator, and witnessed by two people at least 14 years old who are not beneficiaries.

Can a Will Be Changed After It’s Written?

Yes, changes can be made through a codicil for minor updates or by drafting a new will for significant revisions.

How Do I Choose an Executor for My Will?

Select a trustworthy individual capable of managing your estate, settling debts, and ensuring assets are distributed correctly.

What Happens If I Die Without a Will in Texas?

Your assets will be distributed according to Texas intestacy laws, typically to surviving spouses, children, or other close family members, without regard for your specific wishes.

Written by FangWallet Editors Updated March 3, 2025 by Albert Fang