Free Texas Last Will and Testament Form

Why You Need a Texas Last Will

Without a valid last will, Texas law decides who inherits your property, and the result may not match what you actually want for your estate. A last will lets you name a guardian for any minor children, choose an executor to manage your estate, and say exactly how you want your property distributed among the beneficiaries you choose.

Many families find that a clear last will and testament reduces disputes among heirs after a death. Update your will if you get married, get divorced, have a child, or acquire additional property, so your estate plan stays current and your wishes remain legally known. Keep the signed original in a safe place and tell your executor, or a backup executor, where to find it.

A last will does not cover every kind of property. Review the list below alongside your beneficiary designations so the two do not conflict with each other.

• Covered by the will: property you own in your own name, such as a house, a vehicle, a bank account, or personal belongings.
• Not distributed through the will: property with a named beneficiary, such as a life insurance policy or a retirement account, which usually passes to that beneficiary directly.
• Joint property with survivorship: typically passes to the surviving co-owner the same way, outside the will.

Texas Last Will Laws and Requirements

Last will requirements in this state are set out in the Estates Code. A valid document must be in writing, executed by a testator who is of sound mind and at least 18 years old, and witnessed by two people who are at least 14 years old and watch the testator sign. The table and list below summarize the core rules in plain language.^[2.2]

• In writing: a Texas will must be in writing. Oral wills are not valid.^[2.2]
• Signed by the testator: the testator executes it in person, or directs someone else to do so on their behalf in their presence.^[2.2]
• Two witnesses: at least two credible witnesses, each 14 years of age or older, must watch the testator sign and then sign their own names by hand.^[2.2]
• Witnesses present: the witnesses must sign in the testator's presence, not afterward.^[2.2]
• Sound mind and age: the testator must be of sound mind and 18 years of age or older when the will is made.^[2.1]

Texas also recognizes a will that was validly executed under the law of another state or country, based on the law in place at the time and place of signing. This matters if you moved to Texas after making a will elsewhere.^[2.3]

State rules also control how a will can be revoked, or canceled.

A written will, or a clause or devise in a written will, may not be revoked, except by a subsequent will, codicil, or declaration in writing that is executed with like formalities, or by the testator destroying or canceling the same, or causing it to be destroyed or canceled in the testator's presence.

How to Write a Texas Last Will

Writing this document means putting your wishes in writing, executing it yourself or through someone acting on your behalf, and having two qualified witnesses watch you do it. The numbered steps below walk through the process, and the video and template further down give you a starting point.^[2.2]

1. List your property and beneficiaries. Decide what personal property and real estate makes up your estate, write down each beneficiary's full legal name, and decide how you want that property distributed.
2. Name an executor. Choose someone you trust to manage your estate, file the will with the probate court, pay valid debts, and distribute the remaining property to your beneficiaries as the will directs.
3. Put it in writing. Texas does not recognize oral wills.^[2.2]
4. Sign the will. Sign it yourself, or have someone sign on your behalf, at your direction and in your presence.^[2.2]
5. Have two witnesses sign. Each witness must be at least 14 years old, watch you sign, and sign their own name in your presence.^[2.2]
6. Consider a self-proving affidavit. Sign this optional affidavit before an officer authorized to administer oaths so your witnesses will not need to appear in court later.^[2.5]

Once your Texas last will and testament template is signed and witnessed, store the original in a fireproof safe, a bank safe deposit box, or with your attorney. Give your executor a copy along with instructions on where to find the original.

Review your will every few years, and sooner if your assets, beneficiaries, or family circumstances change, so your executor can carry out your wishes in the correct order and without confusion. If any individual beneficiary's circumstances change significantly, or you move to another state, update the will to reflect your current wishes.

Get a Free Texas Last Will Template

Create a free high-quality last will online now!

Create and Print Online Now

This page is general information about Texas last wills, not legal advice. For advice on your situation, talk to a Texas attorney.

Sources

Unless noted otherwise, the sources below are from the Texas Family Code, published by the Texas Legislature Online.

1. Texas Legislature Online. Texas Family Code Tex. Est. Code 253.002.
2. Texas Legislature Online. Texas Family Code §§ 251.001 to 251.104(b).
   • 2.1 § 251.001
   • 2.2 § 251.051
   • 2.3 § 251.053
   • 2.4 § 251.101
   • 2.5 § 251.104(b)

Mara Erlach

Writer & Attorney

Mara has been practicing estate planning and trust law in California since 2003, taking pride in helping clients of all backgrounds and asset profiles form a complete and customized estate plan. Her specialties are: estate planning, wills and trusts, trust and probate administration.