Is an Online Will Legal in Texas?
An online service can prepare a valid Texas will, but signing happens on paper: the testator signs, and two credible witnesses who are at least 14 years old subscribe their names in their own handwriting in the testator's presence. Texas also recognizes an unwitnessed will written wholly in the testator's handwriting under § 251.052.
The Answer at a Glance
Prepare the will online
ValidWhether a will drafted with online software can become a valid Texas will.
Sign it fully remotely
Paper signingWhether Texas recognizes an electronic will executed without an in-person paper signing.
What this means for you
Texas does not recognize electronic wills, so a fully remote or e-signature execution is not an option. Notarization is not required for validity, but adding the self-proving affidavit of §§ 251.101-251.107 before a notary or other oath officer lets the will be probated without tracking down the witnesses.
What Texas Law Requires
The governing law is Tex. Estates Code, Title 2, Subtitle F (Wills), chs. 251-258; execution formalities in ch. 251. Each rule below links to the official source it was read from.
| Requirement | The Texas rule | Statute |
|---|---|---|
| Who can make a will | Age 18 or older, of sound mind; married minors qualify. | Tex. Est. Code § 251.001 |
| Written document | Required. | Tex. Est. Code § 251.051(1) |
| Signature | The testator signs. Another person may sign on behalf of the testator, in the testator's presence and under the testator's direction. | Tex. Est. Code § 251.051(2) |
| Witnesses | 2. The will must be attested by two or more credible witnesses who are at least 14 years of age and who subscribe their names to the will in their own handwriting in the testator's presence. The statute does not require the witnesses to sign in each other's presence, and it states no express requirement that the testator sign in the witnesses' presence. | Tex. Est. Code § 251.051(3) |
| Notarization | Not required for validity. A self-proving affidavit is optional and speeds probate. | Tex. Est. Code §§ 251.101-251.107 |
Signing Day in Texas
The will must be attested by two or more credible witnesses who are at least 14 years of age and who subscribe their names to the will in their own handwriting in the testator's presence. The statute does not require the witnesses to sign in each other's presence, and it states no express requirement that the testator sign in the witnesses' presence.
The self-proving step worth adding
A self-proved will may be admitted to probate without the testimony of any subscribing witness (§ 251.102) but is otherwise treated no differently. A holographic will may be made self-proved at any time during the testator's lifetime by the testator's own affidavit (§ 251.107). Timing: at execution (including the § 251.1045 simultaneous execution, attestation, and self-proving form) or at a later date during the lifetime of the testator and the witnesses.
Choose witnesses carefully
If a devisee is also a subscribing witness and the will cannot be otherwise established, the bequest to that witness is void and the witness can be compelled to testify. The bequest survives if the witness's testimony proving the will is corroborated by at least one disinterested and credible person. A purged witness who would have taken in intestacy still receives as much of that intestate share as does not exceed the value of the bequest.
Shortcuts Texas Does and Does Not Recognize
Handwritten (holographic) wills
YesA will written wholly in the testator's handwriting is not required to be attested by subscribing witnesses (§ 251.052). It must still be signed by the testator or by another person as § 251.051(2) allows. The statute does not require a date.
A holographic will can be made self-proved during the testator's lifetime by attaching the § 251.107 affidavit stating that the instrument is the testator's will, that the testator met the capacity conditions, was of sound mind, and has not revoked the will. (Tex. Est. Code § 251.052)
Oral wills
NoA Texas will must be in writing (§ 251.051(1)), and the Estates Code's wills subtitle (Subtitle F, chs. 251-258, reviewed at the official source on the verified date) contains no provision authorizing an oral or nuncupative will. (Tex. Est. Code § 251.051)
Electronic wills
NoTexas has no electronic-wills statute. Section 251.051 requires a written will with witnesses who subscribe their names in their own handwriting, and the Estates Code's wills subtitle (chs. 251-258, current through the 89th Legislature, 2nd Called Session, 2025, reviewed at the official source) contains no electronic-will chapter. (Tex. Est. Code § 251.051)
A Will Signed in Another State
A written will does not need to meet § 251.051 if it was executed in compliance with the law of the state or foreign country where it was executed, as that law existed at the time of execution, or the law of the state or foreign country where the testator was domiciled or had a place of residence, at the time of execution or at the time of death. (Tex. Est. Code § 251.053)
Keep Going
- The full Texas will-requirements guide covers capacity, revocation, and what happens when formalities fail.
- Texas estate planning sets the will beside the other documents a complete plan needs.
- A Texas revocable living trust is the main alternative when avoiding probate is the goal.
Frequently Asked Questions
Can I make my will online in Texas?
Does a Texas will need to be notarized?
How many witnesses does a Texas will need?
Are handwritten (holographic) wills valid in Texas?
Are electronic wills legal in Texas?
Is a will made in another state valid in Texas?
Verified against Tex. Estates Code, Title 2, Subtitle F (Wills), chs. 251-258; execution formalities in ch. 251 on August 16, 2026
Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Texas can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.
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