Yes, you can write your own will in Texas, but notarization alone does not make it valid. The document still must meet the applicable signing and witness requirements. A properly completed self-proving affidavit can simplify proof of the will in probate; it does not fix a defective will.
At Massingill, we offer flat-fee estate planning services tailored to Texans seeking clarity, convenience, and peace of mind. Our firm simplifies complex legal matters, provides secure online access to documents, and makes scheduling easy. Request a will-planning consultation and tell us whether you have a draft or existing will and what family or property concerns you want to address.
How to Create a Valid Will in Texas
Texas distinguishes between an attested will and a will written entirely in the testator’s handwriting. The basic rules appear in Estates Code Chapter 251.
Who can make a will? The testator must be of sound mind and at least 18, be or have been married, or qualify under the statute’s military-service provisions. The document must express testamentary intent.
Attested wills: Generally, the will must be written and signed by the testator, or by another person in the testator’s presence and at the testator’s direction. At least two credible witnesses, age 14 or older, must sign in their own handwriting in the testator’s presence.
Use disinterested witnesses when arranging a signing. Naming a witness as a beneficiary can jeopardize that gift, subject to the exceptions in Section 254.002; it does not automatically invalidate the entire will.
Handwritten Wills
A will wholly in the testator’s handwriting may qualify as a holographic will without subscribing witnesses. It still must be signed and satisfy the other requirements for a valid will. Filling blanks in a typed form is not the same as writing the entire will by hand.
Self-Proving Affidavits
A self-proved will generally can be admitted to probate without testimony from subscribing witnesses. Self-proof concerns how the will is proved; it does not cure an invalid will or prevent a contest.
Execute the Will First
An attested will can be made self-proved at signing or later while the testator and witnesses are alive. The testator and attesting witnesses complete the required affidavit before an officer authorized to administer oaths, and it is attached to the will. A notary’s stamp alone is not a substitute.
Simultaneous Execution
Texas also permits a combined execution and self-proof procedure under Section 251.1045. The form and signing ceremony must satisfy that provision. Have the documents and signing arrangements checked before the appointment rather than assuming a standard notarization completes every step.
Not Can You Write Your Own Will, but Should You?
A DIY will may create problems even when its signing requirements are met. Unclear gifts, missing backup beneficiaries, and provisions that do not fit the family can cause avoidable uncertainty. Review is particularly useful when there are children, a blended family, business interests, or property in more than one state.
What Happens to an Invalid Will
If a will is not admitted to probate, a prior valid will may matter. Property not disposed of by a valid will or another effective transfer arrangement may pass under Texas intestacy law. The result depends on surviving family members and whether property is separate or community property; there is no single priority list that fits every estate.
Beneficiary designations and other nonprobate arrangements also affect what passes through the estate. A missing or invalid will does not automatically mean every asset passes under intestacy law. For the steps after a death, see our Texas probate process guide.
Common Mistakes
Some common issues with DIY wills include:
- Omission of crucial assets, debts, or people;
- Instructions leave room for multiple interpretations, making your intentions for what to do with your property unclear;
- Lack of planning for contingencies, such as what happens if a beneficiary dies before you; and
- Wording that does not identify items or people effectively, or simply does not make sense.
An estate planning attorney can help match the documents to your family, explain signing requirements, and identify gaps in a handwritten or form-based plan.
Frequently Asked Questions
Can I Write My Own Will?
Yes. You can prepare your own will, but it must satisfy Texas law. Getting help with the wording and signing arrangements can reduce avoidable mistakes.
Can I Write My Own Will and Have It Notarized Online?
Texas permits online notarizations, but that does not mean a will can be validly executed through an ordinary video call. The will’s signing and witness requirements still apply. The Secretary of State’s online-notary guidance distinguishes notarization from will execution. Confirm the procedure with a Texas estate planning attorney before relying on a remote signing.
Does a Will Have to Be Notarized?
Generally, no. A Texas will can be valid without notarization if it satisfies the applicable requirements. A self-proving affidavit serves a separate purpose: simplifying proof in probate.
Protect Your Legacy with Massingill
If you would like help preparing a plan that fits your family, explore our Austin estate planning services. We can discuss a will-based or trust-based approach and explain the proposed scope and fee before drafting begins.
Resources:
- Estate of an Intestate Not Leaving Spouse, Texas Estates Code § 201.001, link.
- Separate Estate of an Intestate, Texas Estates Code § 201.002, link.
- Exception for Holographic Wills, Texas Estates Code § 251.052, link.
- Requirements for Self-Proving Affidavit, Texas Estates Code § 251.104, link.
Joshua Massingill
Joshua Massingill is an attorney practicing in Austin, Texas. He serves on the Texas State Bar’s Law Practice Management Committee, the Leander Educational Excellence Foundation (LEEF) Board of Directors, and the Success-Werx Board of Advisors. He mentors young entrepreneurs in Leander ISD’s INCubatorEDU program and is active in his church.