A last will and testament is the cornerstone of most estate plans. It is the document that tells the probate court who should receive your property, who should manage your estate, and, for parents, who should raise your minor children. A clearly written and properly executed will gives your family direction during a stressful time and reduces the chance of confusion or conflict. This guide explains what a will does in Texas, how to make one valid, and where its limits lie.
What a Will Does
A will allows you to direct how your property is distributed after death and to name an executor, the person responsible for carrying out your wishes. It also lets you name a guardian for minor children, which is one of the most important reasons for parents to plan. Without a will, Texas law decides who inherits and a judge decides who serves, often with results that do not match what you would have chosen. A will puts those decisions in your hands.
Requirements for a Valid Will in Texas
Texas law sets specific requirements for a will to be valid. Under the Texas Estates Code, the person making the will, called the testator, must be at least 18 years old, or married, or a member of the armed forces, and must be of sound mind. The testator must intend the document to serve as their will and must not be acting under fraud or undue influence.
A typed will generally must be signed by the testator and witnessed by two credible witnesses over the age of 14, who sign in the testator’s presence. Many Texas wills also include a self-proving affidavit, a notarized statement that allows the will to be admitted to probate without the witnesses having to appear in court later. While not required, a self-proving affidavit can make the probate process noticeably smoother for your family.
Types of Wills
Texas recognizes more than one kind of will. An attested will is the most common, prepared in writing and signed in front of witnesses, usually with a self-proving affidavit. A holographic will is one written entirely in the testator’s own handwriting and signed by the testator; it does not require witnesses, but it can be harder to prove and more prone to ambiguity.
For most families, a carefully drafted attested will is the better choice because it is clearer, easier to probate, and less likely to be challenged. A Dallas wills attorney can prepare a will that fits your circumstances and meets every legal requirement.
What a Will Cannot Do
A will is powerful, but it does not control everything. Assets with a named beneficiary, such as life insurance and retirement accounts, generally pass directly to that beneficiary regardless of what your will says. The same is true of payable-on-death accounts and property held in certain forms of joint ownership. Reviewing your beneficiary designations alongside your will is essential so the two work together.
A will also does not avoid probate. To direct property outside the probate process, many families use a trust or other tools, which you can learn about in our guide to avoiding probate in Texas. A will simply provides instructions for the probate court to follow.
Why Wording and Execution Matter
Small mistakes in a will can create large problems later. Vague language, missing signatures, improperly chosen witnesses, or an outdated document can all lead to disputes or a will contest. Choosing the right executor also matters, and our guide on how to choose an executor or trustee can help. A will prepared with care is far more likely to be honored exactly as you intended.
Get Help from a Texas Wills Attorney
Ellen Williamson Law helps individuals and families across North Texas prepare wills that hold up when they are needed most. We work with clients through our Dallas estate planning attorney services and assist families in the northern suburbs through our Farmers Branch wills attorney page. We offer flat-fee billing for most planning matters, so the cost is clear before any work begins.
If you are ready to create or update your will, contact Ellen Williamson Law to schedule a consultation. A well-drafted will is a lasting gift of clarity to the people you love.