Requirements for a valid will in Texas
A Texas will must be "in writing," signed by the testator (or by another person in the testator's presence and at the testator's direction), and "attested by two or more credible witnesses who are at least 14 years of age." The witnesses must sign in their own handwriting in the testator's presence. Tex. Est. Code § 251.0511
- Capacity — The testator must be "a person of sound mind." They must also be at least 18, be or have been married, or be serving in the U.S. armed forces, an auxiliary of the armed forces, or the U.S. Maritime Service. Tex. Est. Code § 251.0011
- Holographic wills — "A will written wholly in the testator's handwriting is not required to be attested by subscribing witnesses." Tex. Est. Code § 251.0521
- Out-of-state wills — A written will that does not meet § 251.051 is still valid if it complies with the law of the place where it was executed, or of the testator's domicile or residence (at execution or at death). Tex. Est. Code § 251.0531
- Self-proving affidavit — A will with a self-proving affidavit from the testator and witnesses may be admitted to probate without witness testimony. A holographic will can be self-proved by the testator's own affidavit at any time during the testator's life. Tex. Est. Code §§ 251.101, 251.102, 251.1071
- Proof at probate — The applicant must prove the will was not revoked. If the will is not self-proved, the applicant must also prove due execution, sound mind, and the age, marriage, or military qualification. Tex. Est. Code § 256.1522 A holographic will that is not self-proved "may be proved by two witnesses to the testator's handwriting." Tex. Est. Code § 256.1542
Practice notes
- Wills are often witnessed and self-proved at the same signing, but § 251.103 also allows the affidavit to be added later, while the testator and witnesses are alive. A self-proved will "may not otherwise be treated differently than a will that is not self-proved." Tex. Est. Code § 251.1021