How to Make a Will in Texas Without a Lawyer
You can make a valid Texas will without a lawyer. Texas recognizes two types of valid wills: a formal attested will (typed, signed in front of two witnesses) and a holographic will (entirely handwritten and signed, no witnesses needed). Both are legally valid; both can be challenged. An online service like MaxWills generates a formal will from your interview answers for $99 — you execute it with witnesses and a notary.
Texas does not require attorney involvement to make a valid will. What Texas does require is that the document meet specific execution requirements. Most DIY wills fail not because of bad content, but because of bad execution — wrong number of witnesses, missing signatures, or a notary who didn't follow the self-proving affidavit procedure.
This guide explains exactly what Texas law requires, what each method costs, and the realistic risks of each approach.
Two Types of Valid Texas Wills
Formal Attested Will
A formal will is the standard type — typed or printed, signed by the testator in front of two credible witnesses, who then sign in the testator's presence. (Tex. Est. Code §251.051) Witnesses must be at least 14 years old and cannot be beneficiaries under the will (that rule technically applies only to holographic witnesses, but it's best practice for both).
A self-proving affidavit — a notarized statement attached to the will that confirms the signing was valid — is optional but strongly recommended.(Tex. Est. Code §251.104) Without it, your witnesses must appear in court during probate. With it, the will can be admitted without any witness appearing. MaxWills generates a self-proving affidavit automatically.
Holographic Will
A holographic will is entirely handwritten by the testator and signed — no witnesses or notary required. (Tex. Est. Code §251.052) The entire body must be in your own handwriting, not typed. Pre-printed forms with handwritten blanks do not qualify as holographic.
Step-by-Step: How to Make a Formal Texas Will Without a Lawyer
Step 1: Draft the Document
Your will must include, at minimum: identification of yourself as testator, a revocation clause canceling prior wills, beneficiary designations, executor appointment, and your signature. Missing any of these creates a document that may not be admitted to probate.
Online options:
- MaxWills ($99 or $299): AI-guided interview tailored to Texas law. Generates a properly structured will with all required clauses, self-proving affidavit, DPOA, Medical POA, and Advance Directive. Attorney review and certification available at $299.
- LegalZoom ($89–$329): Generic nationwide template. Not attorney-reviewed at base tier. Texas-specific clauses may be incomplete.
- Fill-in-the-blank forms (free): Available from county law libraries and legal aid. Miss a clause and the will may be invalid. No guidance on Texas-specific issues.
Step 2: Review the Document
Read it carefully before signing. Check that every name is spelled correctly, every percentage adds to 100%, and the executor is named with a successor alternate. If you purchased attorney review (MaxWills $299), this step is handled by a licensed Texas attorney who will correct errors and certify the document before you sign.
Step 3: Execute With Two Witnesses and a Notary
Gather two adult witnesses who are not beneficiaries under the will and a notary public. All parties must be physically present together:
- You sign the will in front of both witnesses and the notary.
- Both witnesses sign in your presence, attesting they witnessed your signature and believe you are of sound mind.
- The notary signs and seals the self-proving affidavit, which is attached to the will.
Step 4: Store It Safely
Your original signed will is irreplaceable. Store it in a fireproof safe, safe deposit box, or at your attorney's office (Texas Defense Team offers physical document custody for MaxWills clients). Tell your executor where to find it. A will that cannot be found after death is treated as if it was intentionally destroyed — the estate goes to intestacy.
What You Can and Cannot Change Without a Lawyer
You Can Change:
- Beneficiaries (re-execute the entire will — never cross out and handwrite changes)
- Executor designations
- Guardian designations
- Specific bequests
Clauses That Require Legal Expertise:
- Testamentary trusts for minor children (requires correct trustee powers language)
- Special needs trust provisions (must avoid disqualifying a beneficiary from SSI/Medicaid)
- Disinheritance of children (requires specific language to defeat pretermitted child claims)
- Community property characterization disputes
- Business succession provisions
Frequently Asked Questions
Can I write my own will in Texas and have it be legal?
Yes. Texas does not require an attorney to draft a will. A handwritten (holographic) will requires only your signature. A typed will requires two witnesses. Both are legally valid if executed properly. (Tex. Est. Code §251.051–252)
Does a Texas will need to be filed with the court?
No. A will does not need to be filed or registered while you are alive. After death, the executor files it with the probate court in the county where you lived. (Tex. Est. Code §256.001)
What makes a Texas will invalid?
Common reasons a Texas will is invalidated: fewer than two witnesses on a formal will; witnesses signed outside the testator's presence; testator lacked testamentary capacity; testator was under undue influence; the document was altered after signing without re-execution. A self-proved will (notarized) is much harder to challenge on procedural grounds.
How old do you have to be to make a will in Texas?
18 years old, unless you are or have been married, or are a member of the armed forces. (Tex. Est. Code §251.001)
Can a Texas will be changed after it is signed?
Yes — but only by executing a new will or a codicil (formal amendment) with the same formalities as the original. You cannot cross out text, write in changes, or attach a note to a signed will and expect it to be honored.
