Creating a will in Texas without a lawyer is not only legal—it’s surprisingly simple if you follow the right steps. Whether you’re planning your estate or simply want peace of mind, writing a will ensures your wishes are honored after you pass.
This guide walks you through how to write a valid, enforceable will in Texas without an attorney, using plain English and practical steps. Let’s dive in.
✅ Is It Legal to Write Your Own Will in Texas?
Yes. Under Texas law, you are legally allowed to write your own will without hiring a lawyer, as long as the will meets the state’s legal requirements.
There are three types of wills allowed in Texas:
| Type of Will | Valid in Texas? | Notes |
|---|---|---|
| Handwritten (holographic) | ✅ Yes | Must be entirely in your handwriting |
| Typed will (with witnesses) | ✅ Yes | Most common and recommended |
| Oral will (nuncupative) | ❌ No | Texas does not recognize oral wills |
📝 Requirements for a Valid Will in Texas
For your will to be considered legally valid in Texas, it must meet these basic criteria:
- You must be at least 18 years old, or legally married, or in the military.
- You must be of sound mind at the time of writing.
- The will must clearly state your intentions.
- You must sign the will.
- It must be witnessed by at least two competent adults (if typed).
💡 If the will is handwritten entirely by you (a holographic will), no witnesses are required in Texas. But it must be 100% in your own handwriting.
🛠 How to Write a Will in Texas Without a Lawyer – Step-by-Step
1. Title the Document Clearly
Start with a title like:
“Last Will and Testament of [Your Full Legal Name]”
2. Declare Your Identity and Intent
State your full name, address, and affirm that you are of sound mind and creating the will voluntarily. For example:
“I, John A. Smith, a resident of Dallas County, Texas, being of sound mind, do hereby declare this to be my Last Will and Testament, revoking all prior wills.”
3. Appoint an Executor
Name someone you trust to carry out your wishes.
“I appoint my daughter, Emily Smith, as the executor of this will. If she is unable or unwilling, I appoint my brother, David Smith, as alternate executor.”
4. List Your Beneficiaries
Clearly list who should receive what. Be specific:
- “I leave my home located at 123 Oak Street, Austin, TX, to my son, Michael Smith.”
- “I leave my savings account at ABC Bank to my niece, Sarah Johnson.”
5. Include a Residuary Clause
This handles any assets not specifically mentioned:
“I leave the rest, residue, and remainder of my estate to my spouse, Linda Smith.”
6. Name Guardians for Minor Children (if applicable)
“I appoint my sister, Amanda Jones, as guardian of my minor children.”
7. Sign and Date the Will
Sign the will at the end. Include the date.
8. Have It Witnessed (for typed wills)
Two competent adults (not beneficiaries) must sign the will in your presence. Use this format:
Signed by the above-named [Your Name] as their Last Will and Testament in our presence, and we, at their request and in their presence, and in the presence of each other, have hereunto subscribed our names as witnesses.
| Witness Name | Signature | Address |
|---|---|---|
9. Add a Self-Proving Affidavit (Recommended)
Although optional, this notarized statement can speed up probate and avoid witness testimony later. You’ll need:
- Your signature
- Both witnesses’ signatures
- A notary public
Here’s a Texas self-proving affidavit template (PDF) from TexasLawHelp.org.
📍 Where to Store Your Will
Store your will in a safe, fireproof place such as:
- A home safe
- A bank safe deposit box (notify executor)
- With your county clerk (some Texas counties allow will filing)
Let your executor and trusted loved ones know where it’s kept.
✏️ Can I Use an Online Will Maker in Texas?
Yes. Many online platforms are Texas-compliant and allow you to print a customized will. Popular, trustworthy options include:
Make sure the platform accounts for Texas-specific laws like self-proving affidavits and witness requirements.
Final Words
Writing a will in Texas without a lawyer is 100% legal and manageable, even if you’re not familiar with legal documents. Whether you handwrite your will or use a typed format with witnesses, the key is to follow the state’s rules carefully.
Having a will protects your family, clarifies your wishes, and gives you peace of mind. If your estate is more complex (real estate, business, large assets), it may still be wise to consult with a Texas estate planning attorney.
Need more help? You can explore additional guides on estate planning, power of attorney, and healthcare directives on AssuredPolicy.com.
