Learn: Texas Estate Planning & Probate

Texas authorities

• Texas Estates Code Ch. 251 — Execution of Wills
• Texas Estates Code Ch. 201 — Intestate Succession
• Texas Estates Code Ch. 401 — Independent Administration
• Texas Estates Code Ch. 752 — Statutory Durable Power of Attorney

Wills that work in Texas

An attested will requires two credible witnesses over 14; a self-proving affidavit allows admission without live testimony. Holographic wills are recognized but invite disputes.

Independent administration

Chapter 401 lets a will appoint an independent executor who administers the estate with minimal court supervision — the single largest cost saver in Texas probate.

Dying without a will

Chapter 201 intestate succession can divide community and separate property differently, and children from a prior relationship change the surviving spouse's share.

Frequently asked questions

How long do you have to probate a will in Texas?

Generally a will must be offered for probate within four years of the date of death, with limited exceptions.

Is a handwritten will valid in Texas?

A holographic will wholly in the testator's handwriting and signed can be valid, but it lacks a self-proving affidavit and often creates proof problems.