How to make a will in Texas and keep the original safe

A Texas will is valid when it's in writing, signed by you, and signed by two witnesses who are at least 14, or when it's entirely in your own handwriting. Add a self-proving affidavit in front of a notary and your family skips a court step later. Then keep the original where your executor can get it; the county clerk will hold it for you.

Who can make a will

In Texas, a person of sound mind can make a will if they're 18 or older, are or have been married, or are serving in the U.S. armed forces. Source: Tex. Estates Code ch. 251 (requirements for wills).

What makes a Texas will valid

In writing.
Signed by you, or by someone else in your presence and at your direction.
Signed by two witnesses who are at least 14 and sign in their own handwriting in your presence.
Or entirely in your handwriting. A will written wholly in your own hand doesn't need witnesses.

Use witnesses who don't inherit anything under the will. If a witness is also named to receive something and the will can't be proved another way, that gift can be lost. Sources: Tex. Estates Code ch. 251 (requirements for wills), Tex. Estates Code §254.002 (gifts to witnesses).

The self-proving affidavit

A self-proving affidavit is a sworn statement that you and your witnesses sign in front of a notary, attached to the will. With it, the court can accept the will without calling the witnesses to testify, which can save your family time when they need it least. You can add it when you sign the will or later, while you and the witnesses are living. A handwritten will can be self-proved with your own affidavit. Source: Tex. Estates Code ch. 251 (requirements for wills).

Free will forms from the Supreme Court of Texas

The Supreme Court of Texas approved four will forms: for a married person with children, a married person without children, and a single, widowed or divorced person with or without children. They come in English and in bilingual English and Spanish versions. TexasLawHelp says to sign them with two disinterested witnesses and a notary, and the State Law Library suggests having a lawyer review the finished will. Sources: Texas Judicial Branch, approved forms, TexasLawHelp, will forms approved by the Supreme Court of Texas, Texas State Law Library, simple will forms.

Low-cost legal help

TexasLawHelp's legal help directory lists legal aid offices, self-help centers and free clinics. The State Bar of Texas Lawyer Referral & Information Service, at 800-252-9690, refers you to a lawyer who gives a consultation of up to 30 minutes for no more than $20. Sources: TexasLawHelp, will forms approved by the Supreme Court of Texas, State Bar of Texas, Lawyer Referral & Information Service.

Where to keep the original

You can deposit your will with the county clerk where you live, for a $5 fee set by state law. It goes in a sealed wrapper marked "Will of," with your name, address and signature, and the names and addresses of the people to notify after your death. The clerk gives you a certificate of deposit. While you're living, only you, or someone you authorize in a sworn written order, can take it out. After your death, the clerk notifies the people named on the wrapper. Source: Tex. Estates Code ch. 252 (safekeeping of wills).

If you keep it in a safe deposit box, tell your family. Texas lets the bank open a box for your spouse, a parent, an adult child or the executor named in a copy of the will, in front of a bank officer, to look for the will. Whatever you choose, tell your executor where the original is. Sources: Tex. Estates Code ch. 151 (safe deposit boxes), TexasLawHelp, will forms approved by the Supreme Court of Texas.

Why the original matters

After a death, the original will generally must be filed for probate within four years. A copy is much harder to probate. See what an executor does in Texas. Source: Tex. Estates Code §256.003 (four years).

When to update it

Update it when you marry, divorce, or have or adopt a child. In Texas, a divorce cancels what the will leaves to the ex-spouse, and naming them as executor, unless the will says otherwise. Don't write changes on a signed will: you change or revoke a will with a new will or codicil signed the same way, or by destroying it. Sources: Tex. Estates Code §123.001 (divorce and wills), Tex. Estates Code §253.002 (revoking a will), TexasLawHelp, will forms approved by the Supreme Court of Texas.

If you also have property in Mexico, read accounts and property in Mexico after a death, and compare a will with a trust in living trust or will in Texas. Source: Texas State Law Library, simple will forms.

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Frequently asked questions

Does a will have to be notarized in Texas?

No. A will is valid with your signature and two witnesses, or entirely in your handwriting. A notary is needed only for the self-proving affidavit, which saves a court step later.

Is a handwritten will valid in Texas?

Yes, if it is written entirely in your own handwriting and signed. It does not need witnesses.

Where should I keep my original will?

Somewhere your executor can get it. The county clerk where you live will keep it for a $5 fee and notify the people you name after your death.

Is this legal advice?

No. It is general information from Texas law and court resources. A Texas attorney can review your will.

Sources

General information, not legal or financial advice. Rules change; check the official sources above or talk to a licensed professional about your situation.