A will is the foundation of almost every estate plan. In Texas, a valid will lets you name who inherits your property, name the executor who settles your estate, and — critically for parents — name the guardian who would raise your minor children. This page explains what makes a Texas will valid, what a will can and cannot do, and why do-it-yourself wills so often fail.
What Makes a Will Valid in Texas?
To be valid, a Texas will generally must be made by someone 18 or older (or married, or in the military), of sound mind, in writing, and signed by the will-maker. A typed will must also be signed by two credible witnesses over age 14, in the maker’s presence. Adding a self-proving affidavit — a notarized statement by the witnesses — means the court can accept the will without tracking those witnesses down later, which saves your family time and cost.
What a Will Does
- Names your executor, the person who gathers your assets, pays debts, and distributes what is left
- Names a guardian for your minor children
- Identifies your beneficiaries and what each receives
- Can direct independent administration, which keeps the probate court’s involvement to a minimum in Texas
What a Will Does Not Do
A will does not avoid probate — it is the document the probate court uses. If avoiding probate is your goal, a revocable living trust is the tool. A will also does not control assets that already name a beneficiary, such as life insurance or retirement accounts; those pass directly.
Why Do-It-Yourself Wills Fail
Online and handwritten wills are rejected in probate more often than people expect. A missing witness signature, an unclear provision, or wording that does not meet Texas requirements can invalidate the whole document. When a will is thrown out, the court applies Texas intestate succession instead of your wishes. An experienced attorney makes sure your will actually does what you intend.
Frequently Asked Questions
Does a will avoid probate in Texas?
No. A will is administered through probate. To avoid probate, use a revocable living trust or beneficiary designations.
Can I write my own will in Texas?
You can, but small mistakes often make do-it-yourself wills unenforceable. Given the stakes, including who raises your children, most families are better served by an attorney-drafted will.
How often should I update my will?
Review it after any major life change: marriage, divorce, a new child, a death, a large change in assets, or a move to a new state.
Talk With a Texas Wills Attorney
Ready to put a valid will in place? Call 713-955-6182 or contact The De Leon Law Firm to get started.