As a Texas estate-planning attorney with over 12 years of drafting hundreds of wills for clients across the state, I’ve seen firsthand how many people put off writing a will in Texas because they think it’s expensive or complicated. The good news? Texas law is actually one of the most DIY-friendly in the country. If you have a straightforward estate and are over 18, mentally competent, and not under duress, you can create a legal will in Texas yourself—often for free.
In this comprehensive guide, I’ll walk you through everything you need to know about how to make a will in Texas, the exact legal requirements under the Texas Estates Code, common mistakes to avoid, and—most importantly—provide you with my updated 2025 free Texas last will and testament template that I personally use as a starting point for simple estates.
Important Disclaimer: This article and the downloadable template are for informational purposes only and do not constitute legal advice. Laws change, and your situation may have complexities (minor children, blended families, large estates, etc.). Always consult a licensed Texas attorney or tax professional before finalizing your estate plan.
Without a valid last will and testament in Texas, you die “intestate,” and the State of Texas decides who gets your property under rigid statutory rules (Texas Estates Code § 201-205). I’ve watched families torn apart because a parent assumed “everything automatically goes to the kids” only to discover that a surviving spouse or even distant relatives can claim half or more.
A simple Texas will lets you:
Texas recognizes three main types of wills, but for most people doing it themselves, we focus on the formal written will and the holographic (handwritten) will.
| Requirement | Formal Typed Will | Holographic (Handwritten) Will |
|---|---|---|
| Age | 18 or older (or married/emancipated) | Same |
| Mental Capacity | Sound mind | Sound mind |
| In Writing | Yes | 100% entirely in your own handwriting |
| Signature | Signed by testator | Signed by testator |
| Witnesses | Two witnesses age 14+ who sign in your presence | No witnesses required |
| Self-Proving Affidavit (optional but recommended) | Notary + witnesses sign affidavit | Not available |
Source: Texas Estates Code §§ 251.051, 251.052, and 251.101-107 (via Texas Legislature Online and IRS-related estate rules at IRS.gov).
Pro tip from my practice: Always include the self-proving affidavit. It saves your family months of probate delay.
Click here to download the free Texas Last Will and Testament PDF template (instant download, no email required).
Before you fill out the simple Texas will template, collect:
The template I provide includes:
Print two copies. Sign and date in front of two disinterested witnesses (not beneficiaries) and a notary. Everyone signs the self-proving affidavit at the same time. Texas notaries are everywhere—UPS Stores, banks, and many title companies do it for $6-$10.
Give a copy to your executor, keep one in a fireproof safe, and consider filing with your county clerk (some counties allow this for a small fee).
Below is the exact wording I use in my 2025 simple will template Texas residents download thousands of times per year:
LAST WILL AND TESTAMENT OF [Your Full Name]
I, [Your Full Name], a resident of [City], [County] County, Texas, being of sound mind and memory...
(The full 6-page document with self-proving affidavit is in the downloadable PDF.)
In my decade-plus reviewing DIY wills in probate court, these are the top errors:
Skip the DIY route and hire an attorney if you have:
Do I need to notarize my will in Texas?
No, but the self-proving affidavit needs a notary—highly recommended.
Can I write my own will in Texas without a lawyer?
Yes, as long as you meet the requirements above.
Does Texas have an inheritance tax?
No state inheritance tax as of 2025 (federal rules may apply – see IRS.gov).
Is a handwritten will legal in Texas?
Yes—holographic wills are valid if 100% in your handwriting and signed.
Where can I get free will forms for Texas?
Right here—download my attorney-drafted 2025 template above.
I’ve had clients pass away unexpectedly at 34, 48, and 62. Every single one who had a simple will left their family grateful instead of fighting in probate court.
Download the free Texas last will and testament form today, fill it out this weekend, get it witnessed and notarized next week. Your future self—and your loved ones—will thank you.
Download Your Free 2025 Texas Last Will and Testament Template Now
Remember: This is not legal advice. For complex situations, schedule a consultation with a licensed Texas estate-planning attorney.
Updated November 2025 | © TexasWillTemplates.com – Helping Texans protect their families since 2013.