If you want to save costs on an estate plan, you may wonder, Can I write my own will and have it notarized? Will that make it legally valid? While you can write your own will and have it notarized in Texas, that will not make it legally enforceable. Courts do not follow unenforceable wills. If you leave an invalid will, the court throws it out, and state law decides what happens to your property. Yet, notarization can help streamline the probate process—if you follow the legal requirements for a “self-proving” 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. Whether you need help writing your first will or updating an existing plan, our experienced legal team is here to help.
How to Create a Valid Will in Texas
A will must meet specific, strict legal requirements to be valid in Texas. These requirements include that the person creating the will (called the testator) is at least 18 years old, of sound mind, and expresses the testator’s intent to distribute their property after death. Those under 18 may create a will if they are married or a member of the armed forces.
When creating the will, it must be:
- In writing, either handwritten or typewritten;
- Clearly identified as the testator’s will;
- Signed by the testator; and
- Signed by at least two credible witnesses, if it is typewritten.
A “credible witness” is someone legally competent to testify in court who is not a beneficiary named in the will.
In short, Texas does not require notarization for a will to be valid. Nor does notarization make an unwitnessed or otherwise invalid will valid.
Handwritten Wills
Texas does recognize handwritten wills, also called “holographic wills.” They do not require witnesses, but must be entirely in the testator’s handwriting to be legally valid. If the will is not entirely in the testator’s handwriting, it will require witnesses.
Self-Proving Affidavits
Although notarization does not make a will legally valid, a notary may assist with the creation of a “self-proving” affidavit. When a testator dies, their will witnesses typically confirm the will belongs to the testator and reflects their genuine intentions by testifying in court. A self-proving affidavit proves the will belongs to the testator and reflects their genuine intentions, taking the place of witness testimony. There are two ways to complete a self-proving affidavit.
Execute the Will First
To complete a self-proving affidavit for a will you have already executed, bring your signed and completed will, an unsigned affidavit, and witnesses to a notary public. If the notary is convinced that you intend the signed document to serve as your will and that it expresses your intentions, you and your witnesses sign the affidavit in the notary’s presence. Then, the will is notarized.
Simultaneous Execution
To simultaneously execute the will and affidavit, draft a complete will, but make sure you and your witnesses do not sign it. Bring the unsigned will, the unsigned affidavit, and your witnesses to a notary. You and your witnesses sign the will and the affidavit in the notary’s presence. The notary will then notarize it.
Not Can You Write Your Own Will, but Should You?
You can write your own will, but the requirements to create a legally valid will are rigorous and unforgiving. One small mistake can invalidate the entire will, regardless of your intentions.
What Happens to an Invalid Will
When someone dies, their loved ones distribute property through the probate process, which begins with a court determination of whether any will offered as belonging to the deceased individual is legally valid. If the court finds the will falls short of one or more legal requirements, it ignores the will entirely.
Then, by Texas law, your surviving relatives receive your property in a priority order:
- First, spouse and descendants;
- If no spouse or descendants, parents;
- If no parents, siblings; and
- If no siblings, grandparents, and their descendants, including aunts, uncles, and first cousins.
If you do not have surviving relatives who fall into these categories, or the court cannot locate them, your property may go to the State of Texas.
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.
Many handwritten or fill-in-the-blank wills are legally invalid, despite the testator trying to comply with the law. Hiring an estate planning attorney can help your will clearly express your intentions and survive the probate process.
Frequently Asked Questions
Can I Write My Own Will?
Yes. However, wills that do not meet strict legal requirements are invalid. Courts do not enforce invalid wills, even if how they fall short are minor or highly technical.
Can I Write My Own Will and Have It Notarized Online?
Texas allows online notarization through approved remote notaries. You may use their services to execute a self-proving affidavit, making your will easier to probate. However, notarizing a document that does not meet the strict legal requirements to make a valid will does nothing to make that document valid.
Does a Will Have to Be Notarized?
No. Notarization is not part of making a will valid in Texas.
Protect Your Legacy with Massingill
Writing your own will may seem like a cost-saving shortcut, but mistakes come with high stakes and can completely undo your work. At Massingill, we believe in making estate planning easy, secure, and affordable. Our flat-fee services, online document access, and experienced legal team ensure that your plan reflects your wishes and holds up in court. Contact Massingill today to schedule an estate planning consultation.
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.
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