Estate plan

Texas

Everything to plan your estate in Texas: execution requirements, the documents we generate, statutory citations, and the exact wording our generators insert.

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Will, living trust, durable power of attorney, and healthcare directive. All four documents, all valid in Texas, all for $29/year.

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Texas content last reviewed May 18, 2026.

Will

2W

Trust

—

POA

N

HC Directive

2W

E-will

Not adopted

RON

Limited

Since 2018, not all documents

ROW

Not allowed

Remote online witnessing

Community property

Yes

Minimum age

18

NW + N = N witnesses + notarizationNW = N witnesses, no notarizationN = notarization, no witnesses— = no formal requirements
1

Will

Tex. Est. Code §251.001 et seq.

Witnesses: 2 required

Two credible witnesses (at least 14 years old) must sign in the presence of the testator

Notarization: Recommended

Not legally required, but recommended for self-proving affidavit

Holographic will: Valid

Handwritten wills without witnesses are recognized in Texas

Self-proving affidavit: Available

Texas offers two integration options under Tex. Estates Code §251.1045 (integrated/at-execution; will and affidavit signed at the same sitting) and §251.104 (separate, signed after the will); we render both so the will can be admitted to probate without witness testimony. A third path under §251.107 allows a wholly handwritten (holographic) will to be made self-proved by attaching an affidavit during the testator's lifetime; Will.com does not render that path because we do not generate holographic wills. Under SB 1448 / HB 3421 (89(R), identical companions, eff. 2025-09-01), a copy of a self-proving affidavit attached to a copy of a will is sufficient to make the copy self-proved when the original cannot be produced (Tex. Estates Code §256.156(c)).

Executor bond waiver: Statutory phrasing required

Texas requires explicit bond-waiver phrasing for it to bind the probate court. We insert the statutory wording.

State-specific notes

•Your will can be notarized at the same time you sign it, or separately afterward. Either way, notarizing it means your witnesses won't need to appear in court later.
ViewSelf-proving affidavit wording
State of Texas County of _______________ Before me, the undersigned authority, on this day personally appeared {testatorName}, _______________, and _______________, known to me to be the testator and the witnesses, respectively, whose names are subscribed to the annexed or foregoing instrument in their respective capacities, and, all of said persons being by me duly sworn, the said {testatorName}, testator, declared to me and to the said witnesses in my presence that said instrument is the testator's will, and that the testator had willingly made and executed it as the testator's free act and deed; and the said witnesses, each on his or her oath, stated to me, in the presence and hearing of the said testator, that the said testator had declared to them that said instrument is the testator's will, and that the testator executed same as such and wanted each of them to sign it as a witness; and upon their oaths each witness stated further that they did sign the same as witnesses in the presence of the said testator and at the testator's request; that the testator was at that time eighteen years of age or over (or being under such age, was or had been lawfully married, or was then a member of the armed forces of the United States, or an auxiliary of the armed forces of the United States, or the United States Maritime Service) and was of sound mind; and that each of said witnesses was then at least fourteen years of age. _______________ Testator _______________ Witness _______________ Witness Subscribed and sworn to before me by the said {testatorName}, testator, and by the said _______________ and _______________, witnesses, this ______ day of ________________ A.D. ________________. (SEAL) (Signed) ______________________________ (Official Capacity of Officer)
ViewIntegrated self-proving affidavit (signed at execution)
I, {testatorName}, as testator, after being duly sworn, declare to the undersigned witnesses and to the undersigned authority that this instrument is my will, that I willingly make and execute it in the presence of the undersigned witnesses, all of whom are present at the same time, as my free act and deed, and that I request each of the undersigned witnesses to sign this will in my presence and in the presence of each other. I now sign this will in the presence of the attesting witnesses and the undersigned authority on this ______ day of __________, 20____________. __________________________ Testator The undersigned, __________ and __________, each being at least fourteen years of age, after being duly sworn, declare to the testator and to the undersigned authority that the testator declared to us that this instrument is the testator's will and that the testator requested us to act as witnesses to the testator's will and signature. The testator then signed this will in our presence, all of us being present at the same time. The testator is eighteen years of age or over (or being under such age, is or has been lawfully married, or is a member of the armed forces of the United States or of an auxiliary of the armed forces of the United States or of the United States Maritime Service), and we believe the testator to be of sound mind. We now sign our names as attesting witnesses in the presence of the testator, each other, and the undersigned authority on this __________ day of __________, 20______________. ___________________________ Witness ___________________________ Witness Subscribed and sworn to before me by the said {testatorName}, testator, and by the said _____________ and ______________, witnesses, this _____ day of __________, 20____________. (SEAL) (Official Capacity of Officer)
ViewIndependent administration recital
I appoint my Executor as Independent Executor of this Will, to serve independent of the court. It is my will and direction that no other action shall be had in the probate court in relation to the settlement of my estate than the probating and recording of this Will and the return of any required inventory, appraisement, and list of claims of my estate, or, in lieu of an inventory, the filing of an affidavit under Tex. Estates Code §309.056 stating that all debts of the estate (other than those secured by liens on specific property, taxes, and administration expenses) have been paid and that an inventory and appraisement has been furnished to each beneficiary entitled to receive one. My Independent Executor shall have all powers conferred by Tex. Estates Code §§401.001-405.012 and may administer my estate without further court order, supervision, or approval.
2

Living Trust

Tex. Fam. Code §3.002 et seq.

Witnesses: None required

No formal execution requirements beyond settlor signature; notarization strongly recommended when funding real property

Notarization: Recommended

Not legally required for the trust document, but needed to transfer real property

ViewCommunity property article
Adds an Article VI: Community Property Provisions covering classification of community vs. separate property, the surviving spouse's one-half interest, federal IRC §1014(b)(6) double-stepped-up basis, and record-keeping for traced contributions.
3

Statutory Durable Power of Attorney

Tex. Estates Code §752.051

Last verified: 2026-04

Witnesses: None required

No witnesses required for power of attorney

Notarization: Required

Notarization is required for a valid durable power of attorney

Key features of Texas POA

•Required all-caps statutory warning notice (unique to Texas)
•14 power categories with individual initialing
•Explicit durability statement required by law (not presumed)
•Notary only, no witnesses required
•Five hot powers under §752.052 (creating, amending, revoking, or terminating an inter vivos trust; making gifts; creating or changing rights of survivorship; creating or changing beneficiary designations; and authorizing another person to exercise the granted authority) require the principal to separately initial each on the §752.052 OPTIONAL grant section. Without that initialing, the agent may not exercise these powers even after the 14 standard §752.051 categories are granted.

State-specific notes

•Acknowledged before a notary public. Tex. Estates Code §751.0021
•Durability must be explicitly stated to be effective. §751.0021
ViewStatutory warning notice
NOTICE: THE POWERS GRANTED BY THIS DOCUMENT ARE BROAD AND SWEEPING. THEY ARE EXPLAINED IN THE DURABLE POWER OF ATTORNEY ACT, SUBTITLE P, TITLE 2, ESTATES CODE. IF YOU HAVE ANY QUESTIONS ABOUT THESE POWERS, OBTAIN COMPETENT LEGAL ADVICE. THIS DOCUMENT DOES NOT AUTHORIZE ANYONE TO MAKE MEDICAL AND OTHER HEALTH-CARE DECISIONS FOR YOU. YOU MAY REVOKE THIS POWER OF ATTORNEY IF YOU LATER WISH TO DO SO. IF YOU WANT YOUR AGENT TO HAVE THE AUTHORITY TO SIGN HOME EQUITY LOAN DOCUMENTS ON YOUR BEHALF, THIS POWER OF ATTORNEY MUST BE SIGNED BY YOU AT THE OFFICE OF THE LENDER, AN ATTORNEY AT LAW, OR A TITLE COMPANY.
ViewStatutory categories (20)
General categories: A. Real property transactions B. Tangible personal property transactions C. Stock and bond transactions D. Commodity and option transactions E. Banking and other financial institution transactions F. Business operating transactions G. Insurance and annuity transactions H. Estate, trust, and other beneficiary transactions I. Claims and litigation J. Personal and family maintenance K. Benefits from governmental programs or civil or military service L. Retirement plan transactions M. Tax matters N. Digital assets and the content of an electronic communication O. ALL OF THE POWERS LISTED IN (A) THROUGH (N) Hot powers (require separate authorization): §7.1. Authority to create, amend, revoke, or terminate an inter vivos trust on my behalf (Tex. Est. Code §751.031) §7.2. Authority to make a gift, subject to the limitations of Tex. Est. Code §751.032 (Tex. Est. Code §751.032) §7.3. Authority to create or change rights of survivorship §7.4. Authority to create or change a beneficiary designation §7.5. Authority to authorize another person to exercise the authority granted under this power of attorney (delegate authority)
4

Medical Power of Attorney (MPOA)

Tex. Health & Safety Code §§166.001-166.166

Witnesses: 2 required, or notary

Texas accepts either 2 witnesses or notarization. At least 1 must not be a relative, heir, or healthcare provider

Notarization: Accepted as alternative

Acknowledged before a notary public. Tex. Health & Safety Code §166.154(b)

Document sections

Separate living will

State-specific notes

•Texas uses two separate advance directive documents: a Medical Power of Attorney (§166.164) appointing your agent, and a Directive to Physicians and Family or Surrogates (§166.033) setting out your treatment preferences. Both are generated for you.
•At least one witness must be disinterested (not a relative or heir)
•If you choose witnesses instead of notarization, your witnesses can confirm your wishes directly to medical staff if questions arise. A notarized MPOA is equally valid, but hospitals may be more familiar with witnessed documents.
ViewForm section list (7)
1. Disclosure Statement 2. Designation of Health Care Agent 3. Designation of Alternate Agent 4. Limitations on the Decision-Making Authority of My Agent 5. Organ Donation 6. HIPAA Authorization 7. Duration
ViewWitness disqualification recital
I declare under penalty of perjury that the principal is personally known to me, that the principal signed or acknowledged this Medical Power of Attorney in my presence, that the principal appears to be of sound mind and under no duress, fraud, or undue influence, and that I am not the person appointed as agent by this document. I am not related to the principal by blood or marriage. I would not be entitled to any portion of the principal's estate on the principal's death. I do not have a claim against any part of the principal's estate after the principal's death. I am not the attending physician of the principal or an employee of the attending physician. I am not an employee of a health care facility in which the principal is a patient. I am not an employee of an inpatient mental health facility.
5

Directive to Physicians

Tex. Health & Safety Code §166.033

The Directive to Physicians and Family or Surrogates, sometimes called a living will, records your treatment preferences directly for your doctors. The companion Medical Power of Attorney appoints your healthcare agent; this directive states what you want done if you have a terminal or irreversible condition and cannot speak for yourself.

Both this document and the Medical Power of Attorney (MPOA) are generated for you. You can sign both in the same session.

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Appointment of Agent to Control Disposition of Remains

Names the agent who controls funeral, burial, or cremation decisions, with optional preferences.

In this state: Texas recognizes a statutory Appointment of Agent to Control Disposition of Remains; we follow that form. (Tex. Health & Safety §§711.002 and 711.004)

HIPAA Authorization

Stand-alone PHI release that survives death for the period you specify, separate from the in-life authorization in your healthcare directive.

In this state: Cites Tex. Health & Safety Code §611 (mental-health) and §81.103 (HIV-testing).

Designation of Guardian Before Need Arises

Pre-designates the person you want a court to appoint as Guardian of the Person and Guardian of the Estate under Tex. Est. Code §1104.202 if a guardianship is ever needed.

Business Succession Declaration

Identifies your interests in any closely-held businesses and how they should be transferred or wound down.

Real-Estate Retitling Checklist

Step-by-step instructions for transferring real-property deeds into your trust so the trust actually controls those assets.

Letter of Instruction

Non-binding personal note to your executor and family: where to find documents, account access, funeral wishes, and other practical guidance.

Free vs. paid

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Paid
All 4 state-specific documents
State-specific signing guide
Download as PDF, print forever
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Covers real estate, business, digital, and funeral wishes
Disposition of remains authorization
Standalone HIPAA authorization
Nomination of conservator
Business succession declaration
Real-estate retitling checklist
Special needs trust provisions
Letter of instruction, pre-filled and editable
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Annual review reminder
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Community property

Texas is a community property state. Assets acquired during marriage are jointly owned by both spouses. This affects every document in your estate plan.

Married couples should consider how community property rules interact with their will, trust, power of attorney, and healthcare directive to ensure consistent coverage.

Electronic will status

Texas has not adopted electronic will legislation. A traditional paper will with physical signatures is required.

Digital assets access

Texas has adopted RUFADAA (2017). This is the Revised Uniform Fiduciary Access to Digital Assets Act, which lets your executor, trustee, or agent access your email, social media, cryptocurrency wallets, cloud storage, and other digital accounts after death or incapacity.

To take advantage of RUFADAA, your will, trust, or power of attorney must explicitly grant authority to access digital assets. Without explicit authorization, service providers can deny access even to a court-appointed executor.

Remote online notarization (RON)

Texas authorized RON in 2018. Texas authorizes remote online notarization under Tex. Gov't Code ch. 406 (Subchapter C, eff. 2018-07-01), but the Texas Uniform Electronic Transactions Act and Secretary of State guidance expressly exclude wills, codicils, and testamentary trusts from electronic execution or online notarization. Inter vivos trusts, durable POAs, medical POAs, and most other estate-planning instruments may be executed with RON when the notary follows the SOS identity-verification and recording rules.

Will

Not allowed

Trust

Allowed

POA

Allowed

Remote online witnessing (ROW)

Texas does not allow remote online witnessing for estate planning documents. Witnesses must be physically present when you sign.

Will

Not allowed

Trust

Not allowed

POA

Not allowed

HC Directive

Not allowed

This information is general in nature and not legal advice. Laws change. Consult a licensed estate planning attorney in Texas for guidance specific to your situation.

Also for Texas

Make a Texas will

Free last will and testament, valid in Texas.

Texas healthcare directive

Name your medical decision-maker and treatment wishes.

Texas power of attorney

Name someone to handle finances if you can't.

Texas living trust

Skip probate and keep your estate private.

Get started →Start free →
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