Creating a will is one of the most important steps you can take to protect your loved ones and your assets. If you live in Texas, you may be wondering: Can you draft your own will, and what makes it legally valid?
The short answer is yes — you can write your own will in Texas. But there are important legal requirements you must follow to ensure it’s enforceable. For assistance with creating a will, contact our Arlington, TX wills lawyer today.
Can You Draft Your Own Will in Texas?
Under the Texas Estates Code, Texas allows individuals to create their own wills without hiring an attorney. These are often called “DIY wills.”
However, just because it’s legally allowed doesn’t mean it’s always advisable. Mistakes in wording, signing, or witnessing can invalidate the document — potentially leading to costly court disputes.
Texas law recognizes two primary types of wills:
- Attested (Formal) Wills
- Holographic (Handwritten) Wills
Each has different requirements.
1. Attested (Formal) Will
This is the most common and generally the safest type of will.
To be valid in Texas, an attested will must:
- Be in writing
- Be signed by you (the testator)
- Be signed by at least two credible witnesses who are age 14 or older
- Be signed by the witnesses in your presence
Witnesses should not be beneficiaries under the will. While a beneficiary-witness does not automatically invalidate the will, it can complicate matters and may void that person’s inheritance unless other disinterested witnesses are present.
Making It “Self-Proving”
Texas allows you to attach a self-proving affidavit, which is a notarized statement signed by you and your witnesses. This makes probate much smoother because the witnesses won’t need to appear in court later to verify the will.
Although notarization is not required for the will itself, notarizing the self-proving affidavit is highly recommended.
2. Holographic (Handwritten) Will
Texas also recognizes holographic wills.
To be valid:
- The will must be entirely in your own handwriting
- It must be signed by you
- It must clearly show testamentary intent (meaning it’s obvious you intended it to function as your will)
A holographic will does not require witnesses under Texas law.
However, these wills are more likely to be challenged because:
- Handwriting may be disputed
- Language may be unclear
- Important provisions may be missing
For that reason, they are typically considered less reliable than formal wills.
What Makes a Will Official in Texas?
Regardless of the type, the will must meet these baseline requirements:
- You must be at least 18 years old, married, or in the armed forces
- You must be of sound mind (mentally competent)
- The will must meet the formal execution requirements described above
The will does not become legally effective until you pass away and it is submitted to probate court.
To further strengthen your will:
- Store it in a safe but accessible location
- Inform your executor where it’s located
- Avoid making handwritten edits after signing — changes require proper legal formalities
Do You Need an Attorney?
Texas does not require an attorney to draft a will. However, legal guidance is strongly recommended if you:
- Own real estate or a business
- Have significant assets
- Have blended families or minor children
- Want to create trusts
- Anticipate family conflict
A poorly drafted will can result in partial invalidation or unintended outcomes under Texas
Yes, you can draft your own will in Texas. But for it to be legally valid, it must strictly comply with the Texas Estates Code. Even small mistakes can create serious complications.
If your estate is simple, a carefully prepared formal will with proper witnesses and a self-proving affidavit may suffice. If your situation is more complex, consulting an estate planning attorney can provide peace of mind — and ensure your wishes are carried out exactly as intended. Contact Brandy Austin Law Firm today.