How to Create a Legally Valid Will in Texas: A Step-by-Step Guide

June 22, 2025

a last will and testament document with a sleek pen. Represents essential legal planning for individuals managing estates and asset distribution Preparing a will is the cornerstone of responsible estate planning work because it ensures your wishes—not the state’s default rules—control who inherits your property and who settles your affairs. Texas makes the process straightforward for adults who follow a few statutory formalities. If you want individualized guidance right away, schedule a no-obligation strategy session with our team—Villeda Law Group welcomes both first-time planners and families updating existing documents.

Step 1: Confirm You Have Legal Capacity

Texas recognizes a will only when the signer (the “testator”) is at least 18 years old, is married, or is a member of the armed forces, and can understand the business at hand and its effect on their property. These rules are codified in Texas Estates Code § 251.001, often cited by courts when wills are challenged on mental-capacity grounds.

Step 2: Pick the Right Format for Your Situation

The code permits three written formats:

Attested (typewritten) wills—the most common—must be signed by the testator and two credible witnesses who are at least 14 years old and present at the signing.
Holographic (handwritten) wills can bypass witnesses if every substantive word, including the signature, is in your handwriting.
Self-proved wills add a notarized affidavit so witnesses do not have to testify later in probate.

Because each format has pros and cons, many Texans consult wills, trust, and estate lawyers to choose the best fit for their assets and budgets.

Step 3: Inventory and Clearly Describe Your Assets

List all real estate, bank accounts, business interests, digital assets, and personal property, then state exactly who receives each item. Precision avoids disputes and keeps probate costs low. Include whether property is community or separate, and specify contingent beneficiaries should a named heir predeceased you. When drafting complex gift clauses, a seasoned estate planning attorney in McAllen can safeguard your intent against later ambiguity.

Step 4: Nominate a Qualified Executor

An executor gathers assets, pays valid debts, and steers the will through the Hidalgo County probate court. Pick someone trustworthy, financially astute, and willing to serve. Texas allows non-resident executors, but in-state fiduciaries simplify court notices and bond requirements. When in doubt, appoint a corporate fiduciary as an alternative. An estate planning attorney in McAllen, TX can draft language allowing the executor to serve without bond to save money.

Step 5: Provide for Minors and Dependent Adults

Texas guardianship proceedings can be costly. Your will should:

Name a guardian of the person (day-to-day care).
Name a guardian of the estate (financial management).
Create testamentary trusts that stagger distributions past age 18.

These provisions give your McAllen estate planning attorney leverage to keep the family out of court-supervised conservatorships and protect inheritances from creditors or divorce.

Step 6: Execute the Will With Required Formalities

Follow this checklist meticulously:

Gather two disinterested witnesses aged 14 or older.
Sign the will in their joint presence.
Have each witness sign in your presence.
Attach a self-proving affidavit and sign before a Texas notary.

Under Estates Code § 251.051, remote online notarization has not replaced the need for in-person execution, so plan accordingly. Skipping even one step can force loved ones to track down witnesses decades later—an issue our attorney sees too often.

Step 7: Store the Original Securely and Tell Your Executor

Texas courts require the original document unless a copy’s loss can be convincingly explained. Place the will in a fire-proof safe, safe-deposit box, or the county clerk’s “will vault.” Give copies to your executor and keep a digital scan in encrypted cloud storage. If you move or acquire new property, let our probate lawyers in McAllen review whether an addendum—or an entirely new will—makes more sense.

Step 8: Coordinate Your Will With Beneficiary Designations

Pay-on-death accounts, life insurance, and retirement plans pass outside probate. Make sure those designations match—or intentionally diverge from—your will’s gifts; conflicting instructions invite litigation. Use tools such as wills and trusts to keep beneficiary data current after marriage, divorce, or births.

What Happens If You Do Nothing?

Without a will, Texas intestacy rules divide separate and community property among your spouse, children, and collateral heirs. The process can force a surviving spouse to share the homestead with adult stepchildren, delay asset sales, and expose families to additional court supervision. Engaging an attorney now costs far less than sorting out an intestate estate later.

Drafting a Texas Will with Villeda Law Group

Villeda Law Group has spent four decades guiding Rio Grande Valley families through probate and estate planning with a focus on clarity, efficiency, and results—let us draft or update your will, align it with beneficiary designations, and prepare the self-proving affidavit so your heirs never face avoidable court hurdles; contact us today for a tailored consultation and discover how easily your legacy can be secured.