Free Texas Last Will and Testament Form

A will is a document containing the last will of its owner (testator) and determining precisely how and by whom their assets will be used in case of death.

It is usually a great idea to create a last will and testament. Even when you haven’t got too many assets, a last will and testament will help your family situation and end up being critical to all your family members upon your passing.

In case you’re seeking a printable and fillable Texas last will and testament form, you can find one on this page, in addition to the tips on last will preparation and solutions to frequently asked questions.

Texas Last Will Laws and Requirements

Requirements State laws
Signing requirement Two witnesses Sec. 251.051 Written, Signed, and Attested
Age of testator 18 or older or a minor in some cases Sec. 251.001 Who May Execute Will
Age of witnesses 14 or older Sec. 251.051 Written, Signed, and Attested
Self-proving wills Allowed Sec. 251.101 Self-proved Will
Handwritten wills Recognized if meeting certain conditions Sec. 251.051 Written, Signed, and Attested
Oral wills Not recognized Sec. 251.051 Written, Signed, and Attested
Holographic wills Recognized if meeting certain conditions Sec. 251.052 Exception for Holographic Wills
Depositing a will Possible with a Texas county probate court  A fee is $5 Sec. 252.001 Will Deposit; Certificate Sec. 118.052.  FEE SCHEDULE

How to Prepare a Texas Last Will

  1. Think about your options. Decide whether you prefer to seek the services of attorneys or make your last will yourself (either by handwriting it or using a free last will and testament form).
  2. Specify your information. Step one is establishing the testator by entering their full name, followed by the residential info (city, county, and state). Check the information you wrote as well as the remainder of the section, which includes “Expenses and Taxes.”
  3. Specify the executor (or executrix). Select the executor of your property and fill out their specifics: full name and place of residence, which will normally be within the same state the testator lives for the reason that nearly all states enforce special rules on out-of-state executors. As a safeguard, you can choose an alternative executor of your last will. By doing this, you’ll be able to be certain that, even if the initially appointed executor is unable to perform their duties, there is a second trusted person you can count on.
  4. Choose the guardian (optional). It’s possible to choose a trusted person as a guardian in the event that you have minor or dependent children that must be looked after. In case there are no directions regarding who should take care of your kids, the guardian will be selected by the court.
  5. Establish your beneficiaries. At this stage, you establish people who will inherit your assets. For every named beneficiary, fill out these details: full legal name, address, and how they are related to you.
  6. Assign assets. List your assets and describe the way in which you would like to distribute them amongst your inheritors if you have something under consideration other than splitting the assets commensurately. Assets can include cash, shares, realty, business ownership, money for arrearage, as well as any tangible items of monetary worth in your possession. Please notice that there are things that cannot be distributed in your last will, for instance, life insurance and joint and living will assets.
  7. Proceed with the witnesses putting the signatures on the document. As per Texas Statutes, for any last will and testament to be legitimate, it must be signed by two witnesses. They must be over 14 years of age and have absolutely no interest in your property, which means that they can’t be beneficiaries. Think about picking witnesses who are younger than you to ensure that they will be around in the event the will is contested in court or if any other issue takes place. After a careful revision of every passage in your last will and testament, all signatories (you and the two witnesses) must fill out their names and full addresses and sign the document.

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Frequently Asked Questions

What's the main difference between 'Power of Attorney' and 'Executor'?


The main distinction between the two documents is that as soon as you have passed away, the agent you assign via power of attorney loses their legal authority to take care of any matters on your behalf. Among numerous power of attorney types, the two following ones are considered fundamental:

  • General power of attorney – lets you name a proxy (agent) who’ll be able to take care of your financial and legal affairs in your stead. Yet, this document becomes invalid in case the principal dies or becomes incapacitated.
  • Durable power of attorney – gives the same authority to the proxy as the first type but remains effective even when the person on behalf of whom the agent acts becomes incapacitated.

An executor is a person you trust and designate to make sure the last will’s instructions are carried out. You could name the same individual to act as an attorney-in-fact and a will executor.

Is a Texas will form effective without a notary certification?


Texas statute says that a will can be valid without getting a notary public to authorize it. Even so, you can make your last will self-proving by adding an affidavit to it, and you’ll have to hire a notary if you want to do that. A self-proving will can make the validation process faster because the court can acknowledge it without communicating with the witnesses who are involved.

IMPORTANT: Even though notarization is not required for last wills in Texas, signing a will in front of a notary public usually helps facilitate the probate.

An attested or holographic will, which should you pick?


If you wish to write a holographic will, you will have to write the whole thing by hand. Remember that such last will is often made when there isn’t any other choice and is substituted with a much more comprehensive document made with the aid of a fillable last will form or lawyer. Holographic wills can include ambiguous instructions and could omit essential provisions, so they are more difficult to impose and can hinder the probate significantly. That’s why it would be a better idea to go with the second solution we go over below.

An attested will is a typewritten document that’s generally based upon a fillable template available online or created with the help of a lawyer. You would need to have two witnesses (14 years or more) sign the will in your presence so that it is considered valid. In some states, you’d have to notarize the document as well, but in Texas, there’s no such requirement.

What is testamentary capacity?


Testamentary capacity is a term used to describe the testator’s (the individual writing the last will) legal and mental capacity (sound mind) to write and modify their last will and testament.

There are usually two requirements to fulfill: soundness of mind and age. In the majority of states, you’ve got to be over 18 years in order to make a will. Being of sound mind translates that you’re aware of your estate and the heirs of your belongings and understand the consequences of your doings fully.

In Texas, will I need a self-proving affidavit?


It isn’t strongly required in Texas. Nevertheless, if you choose to add a self-proving affidavit, it will be very useful because this document serves as a substitute for in-court testimony of witnesses during the probate.

Can you exclude your children or spouse from a last will and testament?


As regards to your spouse, it will be significant to showcase that Texas is a community property state, which implies that all the belongings that were collected in the marriage or that increased with the capital earned while in the stated marriage, belong to both of the spouses equally. That will make it implausible in reality to disinherit your spouse.

In the State of Texas, the divorce rate is 8.4 per 1,000 women over 15 years old, which was similar to the average US rate in 2018, according to the Census.gov 2018 study.


Texas law indicates that you can cut your spouse out of your last will completely only with regard to those possessions you regulate, which in Texas are usually considered as “separate property.”

The sole possible way for you to disinherit your marriage partner will be to engage in a prenuptial agreement with him or her before marriage. In this document, you can redefine the marital property and change your partner’s share.

With regard to everyone else, it’s legal in Texas to disinherit members of your family in your will. Your children or any other relatives can be lawfully disinherited entirely in your last will and testament. In order to do that, include particular provisions to your last will.


No, it is only you who is permitted to modify your last will and testament. A third party is only able to sign the last will in case you’re physically unable to do it.

Is it possible to revise a typewritten last will and testament after signing it (in Texas)?


Yes, it is possible to alter it.

A person who wrote the will is permitted to adjust or revoke their last will at any time. The only case that will not let you do it is when such action is forbidden under the contract you entered.

Additionally, it is a good idea to review your last will as you undergo a major life event, including:

  • A child has been adopted or born
  • Divorce or marriage
  • Purchasing or selling real estate
  • Your money situation has changed fundamentally

What will happen if I have lost my will?


If the last will is lost or destroyed, in line with Texas law, the court will recognize it. However, the probate court is not likely to recognize anything except for the original of the will to probate.

As outlined by Texas law, the will’s absence may be regarded as its repeal. That implies that the trustee will have to provide evidence of the will’s validity, which can be very complicated.

For holographic last wills, the process can become a lot more difficult as sworn witnesses and testimony are required. Moreover, you will also have to provide proof of why the last will and its details can’t be produced in a way that will also confirm it has not been annulled.

In case I am physically unable to sign my last will, what am I to do?


In line with Texas Estate Code, it’ll be possible for a person to sign his or her last will providing it’s your (as a testator) directive and with you present. Oral communication, a positive response to a question, or body language are the means you can use to express that you prefer a particular individual to sign your will.

You can have a notary public sign the name of a testator who is physically incapable of doing it if the latter instructs the notary in the presence of a witness. This witness is selected much the same way someone would decide on an executor – they can have no legal or equitable interest in any assets being the issue matter of or influenced by the last will.

Related documents Download Times when you might need to make one
Codicil DOCX, ODT, PDF There are a number of slight modifications you wish to make to your last will.
Self-proving affidavit DOCX, ODT, PDF You want the probate to be faster when the time comes.
Living will DOCX, ODT, PDF You would like to express your wishes about the end-of-life medical treatment and life-prolonging measures.
Living trust DOCX, ODT, PDF You would like to take care of your end-of-life affairs without probate.
Published: Sep 18, 2020