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Estate plan requirements
Texas
Everything your estate plan needs to be valid in Texas: execution requirements, the documents we generate, statutory citations, and the exact wording our generators insert.
Requirements at a glance
Document
Witnesses
Notary
Will
2 required
Recommended
Living trust
None required
Recommended
Power of attorney
None required
Required
Healthcare directive
2 required, or notary
Alternative to witnesses
Community property:
Yes
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Two credible witnesses, each at least 14 years old, must subscribe their names to the will in their own handwriting in the testator's presence (Tex. Estates Code §251.051(3))
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 routes to a self-proved will. Under Tex. Estates Code §251.1045 the will is simultaneously executed, attested and made self-proved before an officer authorized to administer oaths, with the sworn form included in the will itself. Under §251.104 the testator and the attesting witnesses make a separate affidavit before such an officer and that affidavit is attached or annexed to the will. Will.com's Texas will prints the §251.1045 combined form, so the will, the witnesses' attestation and the self-proving oath are signed at one sitting with the officer present; it does not print a separate §251.104 affidavit. 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 include that path because it does not generate holographic wills. Under SB 1448 / HB 3421 (89(R), identical companions, eff. 2025-09-01), a copy of a will that cannot be produced in court that includes a copy of a self-proving affidavit is sufficient to make the will self-proved, if the self-proving affidavit meets the form and content requirements of Subchapter C, Chapter 251 (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
•In Texas, a separate list of personal items written after you sign your will is not legally binding, so name each item and the person who gets it in the specific gifts section of your will before you sign.
•A witnessed will becomes self-proved only when you and both witnesses swear the affidavit in front of the same notary or other officer authorized to administer oaths. When the affidavit is the combined form printed inside the will, its own sworn words say the testator signed in the presence of the witnesses with all of them present at the same time, so the testator, both witnesses and the officer are together for it in one sitting (Tex. Estates Code §251.1045). When it is the separate affidavit attached to the will, it can be sworn after the will is signed (Tex. Estates Code §251.104). Once the affidavit is sworn, your witnesses will not 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)
(Signed) ______________________________
(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.
Tex. Est. Code §254.002: a bequest to a subscribing witness is void only if the will cannot be otherwise established; even then the witness may be compelled to testify, and a witness who would have inherited by intestacy keeps up to the lesser of that share or the bequest. The bequest is saved entirely if at least one disinterested and credible person corroborates the witness's testimony proving the will. The will itself remains valid either way.
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
Certification of trust: Tex. Prop. Code §114.086
Texas lets your trustee prove the trust to a bank, brokerage, title company, insurer, or transfer agent with a short certification instead of the trust itself. It states that the trust exists, who the trustee is, and what the trustee may do, and it leaves out who inherits and what each person receives. Will.com generates the Texas Certification of Trust with your trust, built to the contents that section requires. Sign it in front of the same notary, at the same sitting as the trust. The same section also says what happens if someone demands the trust itself anyway. Tex. Prop. Code §114.086(i) provides that a person making a demand for the trust instrument in addition to a certification of trust or the excerpts described by §114.086(e) is liable for damages if the court determines that the person did not act in good faith in making the demand.
ViewCommunity property article▾
Adds an Article VII: 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: 2026-09
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
•All-caps warning notice printed at the head of the statutory form, as part of the form's own text (Tex. Estates Code §752.051)
•14 power categories with individual initialing
•Explicit durability statement required by law (not presumed)
•Acknowledged before a notary public or another officer authorized under the laws of Texas or another state to take acknowledgments to deeds of conveyance and to administer oaths; §751.0021 names no witness requirement (Tex. Estates Code §751.0021(a)(4))
•If you want your agent to be able to sign home equity loan documents for you, the statutory notice requires you to sign the power of attorney at the office of the lender, an attorney at law, or a title company (Tex. Estates Code §752.051).
•Five specific authorities listed in Tex. Est. Code §751.031(b) (creating, amending, revoking, or terminating an inter vivos trust; making a gift; creating or changing rights of survivorship; creating or changing a beneficiary designation; and delegating authority granted under the power of attorney) may be exercised only if the durable power of attorney expressly grants them. Initialing the 14 standard §752.051 categories, or line (O) for all of them, is not that express grant. Tex. Est. Code §752.052 allows the statutory form to be modified to grant them by adding its GRANT OF SPECIFIC AUTHORITY language, which lists each of the five with its own initial line. The form's SPECIAL INSTRUCTIONS section also carries an initial line for a gift sentence, which limits a gift to an individual to the federal gift tax annual exclusion (Tex. Estates Code §752.051).
State-specific notes
•Acknowledged before a notary public or another officer authorized under the laws of Texas or another state to take acknowledgments to deeds of conveyance and to administer oaths (Tex. Estates Code §751.0021(a)(4))
•To qualify as a durable power of attorney under subsection (a), an instrument must contain the words 'This power of attorney is not affected by subsequent disability or incapacity of the principal' or 'This power of attorney becomes effective on the disability or incapacity of the principal', or similar words that clearly indicate the agent's authority is exercisable notwithstanding the principal's subsequent disability or incapacity (Tex. Estates Code §751.0021(a)(3)).
ViewWarning notice for the principal▾
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 social security, Medicare, Medicaid, or other 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)
Powers that must be granted separately:
Create, amend, revoke, or terminate an inter vivos trust (Tex. Est. Code §751.031(b)(1))
Make a gift, subject to the limitations of Section 751.032 of the Durable Power of Attorney Act (Section 751.032, Estates Code) and any special instructions in this power of attorney (Tex. Est. Code §751.031(b)(2))
Create or change rights of survivorship (Tex. Est. Code §751.031(b)(3))
Create or change a beneficiary designation (Tex. Est. Code §751.031(b)(4))
Delegate authority granted under the power of attorney (Tex. Est. Code §751.031(b)(5))
4
Medical Power of Attorney
Tex. Health & Safety Code ch. 166 (Advance Directives Act)
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, and both are signed the same way, either before a notary public or before two competent adult witnesses (Tex. Health & Safety Code §§166.032, 166.154).
•At least one of your two witnesses must be a person who is not your agent, not related to you by blood or marriage, not entitled to any part of your estate, not your attending physician or that physician's employee, not an employee of a health care facility where you are a patient who gives you direct care or is an officer, director, partner, or business office employee of it, and not a person with a claim against your estate (Tex. Health & Safety Code §166.003(2)).
•If you sign before witnesses rather than a notary, choose people who could later confirm that they saw you sign. A notarized Medical Power of Attorney is equally valid (Tex. Health & Safety Code §166.154).
•The statutory Directive to Physicians form states: 'I understand that under Texas law this directive has no effect if I have been diagnosed as pregnant' (Tex. Health & Safety Code §166.033). The operative rule is narrower: life-sustaining treatment may not be withdrawn or withheld from a pregnant patient (Tex. Health & Safety Code §166.049).
ViewForm section list (8)▾
1. Designation of Health Care Agent
2. Limitations on the Decision-Making Authority of My Agent
3. Designation of Alternate Agent
4. Duration
5. Prior Designations Revoked
6. Disclosure Statement
7. Organ Donation (Will.com addition)
8. HIPAA Authorization (Will.com addition)
ViewWitness disqualification recital▾
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 am not the attending physician of the principal or an employee of the attending physician. I have no claim against any portion of the principal's estate on the principal's death. Furthermore, if I am an employee of a health care facility in which the principal is a patient, I am not involved in providing direct patient care to the principal and am not an officer, director, partner, or business office employee of the health care facility or of any parent organization of the health care 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 are generated for you. You can sign both in the same session.
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Appointment for Disposition of Remains
Names the agent who controls funeral, burial, or cremation decisions, with optional preferences.
In this state: Texas recognizes a statutory Appointment for Disposition of Remains; we follow that form. (Tex. Health & Safety Code §§711.002 and 711.004)
Military service: If you are in military service and have named someone on a DD Form 93, Texas law puts that person ahead of the agent you name here for a death in service. The authorization itself names the section.
HIPAA Authorization
Stand-alone PHI release that survives death for the period you specify, separate from the in-life authorization in your healthcare directive. The free packet includes it too whenever it has a healthcare directive.
In this state: Cites Tex. Health & Safety Code ch. 611 and §611.004(a)(4) (mental-health), and §81.103 (HIV-testing), including §81.103(d)'s requirement that the authorization state the persons or class of persons who may receive the results.
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.
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Free
Paid
All 4 state-specific documents
Included in free
Included in paid tier
State-specific signing guide
Included in free
Included in paid tier
Download as PDF, print forever
Included in free
Included in paid tier
Secure online storage
Not in free
Included in paid tier
Covers real estate, business, digital, and funeral wishes
Texas is a community property state. Assets acquired during marriage are jointly owned by both spouses. This affects every document in your estate plan.
Community property rules can change how a married person's will, trust, power of attorney, and healthcare directive work together.
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 §406.101 et seq. (ch. 406, Subchapter C, eff. 2018-07-01), and §406.107 lets an online notary public perform any notarial function as an online notarization, so the inter vivos trust, the durable power of attorney, the medical power of attorney, and the other acknowledged instruments in this packet may be notarized online when the notary follows the §406.110 identity-verification and certificate rules. A will is different: Texas has no electronic-wills statute, the Texas Uniform Electronic Transactions Act (Bus. & Com. Code §322.003(b)(1)) does not reach wills, codicils, or testamentary trusts, and the Secretary of State's online-notary guidance treats them as outside online notarization, so sign the will and its self-proving affidavit in person before the officer.
Will
Not allowed
Trust
Allowed
POA
Allowed
Remote online witnessing (ROW)
For the paper documents Will.com produces, Texas does not allow remote online witnessing. 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.