How to Draft a Will in Texas Easily

LIGOT DIZON LAW

·April 17, 2025

·10 min read

How to Draft a Will in Texas Easily — Image Source: unsplash

Estate Planning Texas makes drafting a will straightforward and ensures your wishes are honored. A basic will not only simplifies the process but also reduces stress for your family. Texas laws provide the flexibility to decide what happens to your assets, making it easier to safeguard your family’s future.

Why Estate Planning in Texas Matters

Protecting Your Assets and Loved Ones

Estate planning Texas helps keep your money and property safe. Without a plan, creditors might take your wealth, leaving your family unprotected. A simple will can protect your belongings and give your family financial security. It also helps you plan for future care, like qualifying for Medicaid while keeping your savings.

Tip: Adding guardianship in your plan ensures trusted care for your kids, avoiding court decisions.

Here’s how estate planning Texas helps you:

Benefit	Description
Shielding Assets	Keeps assets safe from creditors, securing family finances.
Long-term Care Planning	Helps qualify for Medicaid while saving your money.
Legacy Preservation	Protects family wealth by managing asset distribution.
Tax Benefits	Lowers federal estate taxes with smart asset planning.

Avoiding Intestate Succession Laws

If you don’t have a will, Texas laws decide who gets your things. These rules might not match your wishes, leaving your family with less. Estate planning Texas lets you choose who gets your property. For instance, an Affidavit of Heirship can make property transfers easier without probate, ensuring your assets go to the right people.

Simplifying the Probate Process

Probate can take a long time and cost a lot. A good estate plan makes it simpler, saving your family stress. Writing a basic will helps your executor handle your estate easily. Planning ahead also reduces federal estate taxes, keeping more money for your family.

Note: Texas estate planning honors your wishes and avoids delays or arguments during probate.

Texas Will Requirements

Knowing the rules for a simple will in Texas ensures it is valid. Texas law gives clear steps to make a will that matches your wishes.

Age and Mental Capacity

To make a valid will in Texas, you must meet two rules: age and mental ability. You need to be 18 or older. But if you are married or in the military, you can be younger. Mental ability means you understand what you are doing when writing the will. You should know what you own, who will get it, and how your choices affect them.

Having mental health problems does not always stop you from making a will. For example, courts have accepted wills from people with depression if they understood their actions. This means your will is valid as long as you know its purpose and effects.

Written vs. Holographic Wills

Texas allows two kinds of wills: written and holographic. A written will is typed or printed and must follow legal rules, like having signatures and witnesses. A holographic will is handwritten by you and signed without witnesses. This type is easier in emergencies or when formal steps are hard to follow.

Not all states accept holographic wills. For example:

Texas allows holographic wills without witnesses if fully handwritten.
States like Maryland and Michigan need witnesses for handwritten wills.
Some states, like New York and Georgia, do not allow holographic wills.

Pick the type that fits your needs. A written will is safer, but a holographic will works in urgent situations.

Witness and Signature Rules

Witnesses and signatures are key to making your will valid. In Texas, a written will needs your signature and two witnesses. These witnesses must be at least 14 years old and able to testify in court. They confirm you signed the will willingly and understood it.

Real-life examples show why these rules matter. For instance, a nurse witnessed a patient’s will, and the court accepted it because of her testimony. The court also used statements from a lawyer and banker to confirm the patient’s mental ability. Witnesses help protect your will from disputes and ensure your wishes are followed.

Tip: Pick witnesses who are neutral and not getting anything from your will.

Steps for Creating a Will in Texas

Making a will in Texas is simple if you follow steps. These steps help ensure your wishes are followed and loved ones cared for.

List Your Assets and Debts

Write down everything you own and owe. Include things like your house, car, bank accounts, and belongings. Also, list debts like loans or credit cards. This helps you see your full estate and avoid missing anything.

Tip: Group your assets into physical items and financial accounts to stay organized.

Name Beneficiaries

Choose who gets your property after you pass away. Beneficiaries can be family, friends, or charities. Be clear when naming them to prevent confusion. For example, use full names instead of saying “my kids.” If splitting assets, say how much each person gets.

Choose an Executor

Pick someone to handle your estate after you’re gone. This person pays debts, gives property to beneficiaries, and follows your wishes. Choose someone responsible and detail-oriented. You can also name a backup executor if needed.

Note: Many people pick a trusted friend or family member for this role.

Assign Guardians for Minors

If you have kids under 18, name a guardian for them. This ensures they are cared for properly. Pick someone who shares your values and can provide stability. Talk to them first to make sure they agree to this role.

Write and Review the Will

After gathering details, write your will. Decide if you need a simple or detailed will. Include clear instructions for dividing assets, naming guardians, and executor duties. Check your will carefully to make sure it’s correct.

Tip: Ask a lawyer to review your will to avoid mistakes and follow Texas laws.

Sign the Will with Witnesses

Sign your will with two witnesses present. Witnesses must be at least 14 years old and not listed as beneficiaries. They confirm you signed willingly and understood the document. This step makes your will legally valid.

Reminder: Add a self-proving affidavit to your will. This notarized paper makes probate easier by proving your will is real.

The Role of Notarization in Estate Planning Texas

What Is a Self-Proving Affidavit?

A self-proving affidavit is a paper that makes your will stronger. It shows you signed your will willingly and witnesses saw you do it. In Texas, this paper is notarized, making it very useful during probate. It means witnesses don’t have to go to court, saving time and avoiding problems.

Adding a self-proving affidavit proves your will is real. This step helps stop challenges to your will. For example, if someone says you weren’t mentally able or didn’t sign it, the affidavit proves everything was done right.

Tip: Adding a self-proving affidavit makes probate easier and helps your family feel at ease.

Benefits of Notarizing Your Will

Do you need to notarize a will in Texas? Not really. But notarizing your will has big benefits. A notarized will with a self-proving affidavit is trusted more in court. This trust makes it harder for anyone to fight your wishes.

Here are some benefits of notarizing:

Witnesses don’t need to testify in court.
It makes legal steps faster and cheaper.
It stops fights by proving your will is valid.

Notarizing your will protects your estate and helps your family. This easy step keeps your simple will safe and respected.

Safeguarding and Updating Your Will

Storing Your Will Securely

Keep your will in a safe place. This ensures it is found when needed. Use a fireproof and waterproof safe at home. A bank safety deposit box is another good option. Make sure someone you trust knows how to access it.

You can also leave your will with your lawyer. Many lawyers offer secure storage for important papers. This keeps your will safe and easy to find. Do not hide it in random spots like drawers or under furniture. If no one finds it, your wishes might not be followed.

Tip: Tell your executor or a trusted family member where your will is stored.

When and How to Update Your Will

Life changes mean you should check and update your will. Big events like marriage, divorce, or having a child may change your plans. For example, you might add a new beneficiary or remove someone.

To make changes, write a new will or add a codicil. A codicil is a legal change to your current will. Follow Texas laws, including getting proper signatures and witnesses. Check your will often to make sure it matches your wishes.

Reminder: Even a basic will needs updates after major life events.

Understanding Probate in Texas

What Is Probate?

Probate is a legal process that happens after someone dies. It makes sure their debts are paid and their belongings go to the right people. In Texas, probate starts by filing the will in court. The court checks if the will is valid and picks an executor to handle the estate.

If there’s no will, the court uses intestate succession laws to decide who gets what. This can take a long time and be hard for your family. Probate also includes telling creditors, paying off debts, and giving assets to the correct heirs.

Tip: A valid will makes probate quicker and easier for your family.

How a Valid Will Simplifies Probate

A valid will gives clear directions for sharing your belongings. This helps avoid confusion and fights between family members. In Texas, a proper will can skip some legal steps, saving time and money.

For instance, a will with a self-proving affidavit doesn’t need witnesses in court. This makes everything smoother and less stressful. The executor can focus on following your wishes instead of dealing with extra legal work.

Making a valid will helps your family avoid delays and big legal costs. It’s an easy way to protect them and make sure your wishes are followed.

Making a will in Texas is easy if you follow these steps:

Write down everything you own and owe to see your estate.
Choose who gets your things and pick someone to handle them.
Create your will, making sure it follows Texas rules.
Sign it with two witnesses watching.

A basic will keeps your family safe and respects your wishes. With the right help, you can finish this process easily. Begin now to protect your family’s future.

FAQ

What happens if I don’t have a will in Texas?

If you don’t make a will, Texas laws decide who gets your things. These rules might not match what you want and could cause problems for your family.

Can I create a simple will without a lawyer?

You can write a basic will by yourself. But asking a lawyer for help makes sure your will follows Texas rules and avoids mistakes.

How often should I update my will?

Check your will after big life changes like getting married, divorced, or having kids. Updating it often keeps it accurate and matches your current plans.