Here’s something that might surprise you about Texas: despite being known for doing things bigger and better, the Lone Star State is still stuck in the paper age when it comes to wills. You can create your will online, but you still need to print it out and sign it like you’re closing on a ranch in 1985.
Without a will, Texas’ government decides who gets your stuff and who takes care of your kids. And state bureaucrats don’t know that you wanted your Hill Country property to go to your nature-loving son, not your daughter who thinks “roughing it” means staying at a hotel without a spa.
Creating a will puts you in control and gives your family clarity instead of leaving them to navigate Texas-sized legal complications.
Texas Will Laws (What You Need to Know)
Texas’s will requirements come from the Texas Estates Code. Here’s what matters: Texas allows online will creation but hasn’t embraced electronic wills yet, so you can use technology to create your will but must print it out and sign with wet ink.
This means Texas residents have fewer modern options than people in more progressive states (which is ironic for a state that prides itself on innovation).
What This Actually Costs
Here’s the honest money breakdown:
- Traditional attorney route: $250 to over $2,500 (varies widely by complexity)
- Online platforms: Around $200–300 for comprehensive packages
- DIY handwritten approach: Free upfront, risky if you mess up legal requirements
Most people with straightforward situations don’t need expensive attorneys unless they have complicated business structures or family drama requiring special legal handling.
Texas Will Requirements (The Make-or-Break Rules)
Your will must satisfy these requirements or it becomes worthless paper.
Basic Requirements
- ✓ Must be in writing
- ✓ You must be 18+ and of sound mind (exceptions for married minors, military members, or Merchant Marines)
- ✓ You must sign in front of two competent witnesses (at least 14 years old)
- ✓ Witnesses must sign in your presence
- ✓ Must be printed on paper (no digital-only wills allowed)
Unique Texas Feature: Witnesses only need to be 14+ years old (younger than most states).
Can You Create Your Own Will? (Yes, But Be Smart)
Texas allows handwritten (holographic) wills, which can be better than having no will at all. But one unclear sentence or missing legal requirement can leave your family dealing with probate complications when you’re not around to clarify your intentions.
If you’re going DIY, use a reliable online platform designed by attorneys who know Texas’ specific requirements. Don’t wing it with handwritten documents unless you enjoy potential legal headaches.
Do You Need a Lawyer? (Usually Not)
Texas doesn’t require attorneys for will creation. You might want one if:
- Your estate is large or complex
- You need sophisticated tax planning
- You have special conditions to meet
- You want advanced trust structures
For most people with straightforward wishes, online will creation handles everything at a fraction of attorney costs.
Step-by-Step Texas Will Creation
Here’s the process that actually works:
- Choose a trusted online platform (they’re not all equal in quality)
- Draft your will using guided questions about assets and beneficiaries
- Review and finalize everything (mistakes here create expensive problems later)
- Print the will on paper (required by Texas law)
- Sign before two witnesses (at least 14 years old)
- Get witness signatures (they must sign in your presence)
- Add notarization (optional but recommended for self-proving status)
- Store securely both physical copy and digital backup
- Review regularly and update as life changes
Notarization: Not Required But Smart
Texas doesn’t require notarization, but it’s cheap insurance. Here’s why:
- Without notary: Probate court may need witness testimony to validate your will
- With notary: Your will becomes “self-proving” and moves through probate faster with fewer potential issues
Texas Witness Requirements
Your witnesses must be:
- At least 14 years old (unique to Texas)
- Competent
- Present when you sign
- Able to sign in your presence
Pro tip: Avoid using beneficiaries as witnesses – it creates potential conflicts even though it doesn’t automatically invalidate the will.
Special Texas Divorce Rules
Texas has automatic revocation rules for divorce:
- Ex-spouse loses any property left to them in your will
- Ex-spouse loses executor appointment if named
- Ex-spouse’s relatives (who aren’t your relatives) also lose benefits
What Goes in Your Texas Will
Your will should address:
- Asset inventory – what you own
- Beneficiary list – who inherits from your estate
- Specific gifts to individuals or organizations
- Executor nomination – who handles your estate
- Guardian selection for minor children or pets
- Property manager for dependent children
- Final arrangements – burial, cremation preferences
- Personal messages to loved ones
Common Texas Will Mistakes
Legal Requirements
- Trying to create digital-only will (invalid in Texas)
- Not printing and signing on paper
- Missing proper witness signatures
Witness Problems
- Using beneficiaries as witnesses (creates conflicts)
- Using witnesses under 14 (though Texas allows it, older is better)
- Not having witnesses present during signing
Content Issues
- Not updating after divorce (Texas auto-revocation rules)
- Vague language creating confusion
- Missing key appointments (executor, guardian)
Storage Problems
- Family can’t locate the will when needed
- No secure backup copies
- Poor organization of important documents
Why Texas Is Behind the Times
Despite its reputation for innovation, Texas still requires paper and physical signatures for wills. This means Texas residents must:
- Print their online-created wills
- Use physical signatures only
- Store paper documents securely
- Deal with potential paper document issues
The Texas Disadvantage
Texas residents miss out on benefits available in other states:
- No electronic will recognition
- No remote witnessing capabilities
- No digital signature acceptance
- Outdated paper-based requirements
Take Action Today
Every day without a will is a day your family’s future depends on Texas’ default inheritance laws instead of your personal wishes.
Don’t be the person whose family faces unnecessary probate complications trying to figure out what you would have wanted. Even though Texas requires old-fashioned paper and signatures, you can still create your will online and simply print and sign it.
Get Started Now
The key is following Texas’ specific requirements exactly, including the paper printing and witness requirements. Your loved ones will thank you for taking 30 minutes to protect their future instead of leaving them to navigate legal complexities in a state known for doing everything bigger – including legal problems.
This information is educational only and not legal advice. Complex situations may require professional legal guidance.