Texas will requirements

Minimum Age Requirement

• 18 years old, OR
• Currently or previously married, OR
• A member of the armed forces, an auxiliary of the armed forces, or the maritime service
• Reference: Texas Estates Code § 251.001

Mental Capacity Requirements

• The testator must be of "sound mind"
• Must have testamentary capacity at the time of execution:

- Understanding the nature of making a will - Understanding the effect of making a will - Knowing the general nature and extent of their property - Knowing their next of kin and the natural objects of their bounty - Having sufficient memory to collect these elements and form a reasonable judgment

Signature Requirements

• The will must be signed by the testator in person, OR
• Another person may sign on behalf of the testator at the testator's direction and in the testator's presence
• Reference: Texas Estates Code § 251.051

Witness Requirements

• Two (2) credible witnesses required for attested wills
• Witnesses must be at least 14 years old
• Witnesses must sign in the presence of the testator
• The testator must sign or acknowledge the will in the presence of the witnesses
• Interested witnesses do not invalidate the will
• Reference: Texas Estates Code § 251.051, § 251.052

Notarization Requirements

• Not required for a will to be valid
• Notarization is required for self-proving affidavits
• Reference: Texas Estates Code § 251.104

Holographic (Handwritten) Wills

• VALID in Texas
• Must be entirely in the testator's own handwriting
• Must be signed by the testator
• No witnesses required for holographic wills
• Does not need to be dated (though recommended)
• Reference: Texas Estates Code § 251.052

Video Wills

• NOT valid as a standalone will
• Video cannot substitute for a written will
• May be used as supplementary evidence but has no testamentary effect on its own

Self-Proving Affidavit Requirements

• A will may be made self-proving at execution or at any subsequent date
• Two methods available:

1. One-step method: Self-proving clause included within the attestation clause (§ 251.1045) 2. Two-step method: Separate affidavit attached to the will (§ 251.104)

• Requires an affidavit signed by the testator and witnesses before a notary public
• Eliminates the need for witness testimony at probate
• Reference: Texas Estates Code § 251.104, § 251.1045

Guardian Designation

Naming a Guardian in Your Will

• A will is the primary legal mechanism for designating a guardian for minor children
• The court gives strong weight to your named choice but always applies a "best interests of the child" standard
• Name both a primary guardian and an alternate guardian in case your first choice is unable or unwilling to serve

What Courts Consider

• Your expressed preference (named in will)
• The guardian's relationship with the child
• The guardian's ability to provide care, stability, and continuity
• Geographic proximity and disruption to the child's life
• The child's own preferences (typically considered for children 12+, varies by state)

Limitations

• A guardian named in a will is not automatically appointed — probate court must formally appoint them
• Courts can override your named guardian if circumstances warrant
• A guardian cannot be legally appointed until the court acts — name a standby guardian or make arrangements for immediate temporary care

Best Practices

• Discuss your choice with the person before naming them
• Consider naming successor guardians
• Update your will if your chosen guardian's circumstances change

Texas-Specific Notes

• You can designate a "standby guardian" who has immediate authority to care for children pending court appointment (Texas Family Code § 166.006)

Digital Assets

Authorization in Your Will

• RUFADAA adopted: Yes (2017)
• Under RUFADAA, you can authorize your executor to access, manage, distribute, or delete digital assets in your will
• Without explicit authorization, digital service providers may deny access even to executors

What to Include in Your Will

• Online accounts (email, social media, cloud storage)
• Cryptocurrency and digital wallets (include instructions for accessing private keys separately — never in the will itself, which becomes public record)
• Domain names, websites, online businesses
• Digital photos, files stored in cloud services
• Subscription services and stored value accounts

Key Guidance

• Name your digital executor explicitly if possible (can be same as your main executor)
• Store login credentials and recovery keys in a secure password manager or safe deposit box — reference the location in your will without listing the credentials themselves
• Review digital asset provisions with beneficiaries so they know what exists

Electronic Wills (E-Wills)

What is an Electronic Will?

An electronic will (e-will) is a will created, signed, and witnessed entirely in digital form — using electronic signatures and remote online witnessing or notarization. This is distinct from a video will (a video recording), which is not valid anywhere.

Texas Status

• E-wills: Not established — Texas has not enacted e-will legislation
• A traditional paper will with physical signatures and in-person witnesses is required
• Electronic signatures on a will are not recognized

> Note: Electronic will laws are evolving rapidly across the US. Several states have enacted legislation since 2017. Verify current Texas law before assuming e-wills remain unavailable.

Official sources

• Texas Estates Code, Chapter 251 - Wills ↗
• Texas State Law Library ↗
• Texas Courts ↗