Wills that work in Texas
An attested will must generally be signed by a testator over 18 (with exceptions) and attested by two credible witnesses over 14 who sign in the testator's presence. A self-proving affidavit lets the will be admitted without live witness testimony.
Texas also recognizes holographic wills written wholly in the testator's handwriting and signed, though these frequently invite disputes.
Independent administration
Texas Estates Code Chapter 401 allows a will to appoint an independent executor who administers the estate with minimal court supervision — no bond if waived, no court approval for most transactions.
This is the single largest cost saver in Texas probate, and it depends on language in the will or on agreement of the beneficiaries.
Dying without a will
Chapter 201 sets intestate succession, and the result surprises many blended families. Community property may pass differently than separate property, and children from a prior relationship can change the surviving spouse's share.
Intestate estates often require a more supervised — and more expensive — administration or a heirship proceeding.
Incapacity planning and non-probate transfers
A statutory durable power of attorney, a medical power of attorney, a directive to physicians, and a HIPAA authorization handle incapacity without guardianship.
Texas also permits transfer-on-death deeds for real property and payable-on-death designations for accounts, which pass outside probate when correctly executed.
Key Texas terms
- Independent executor: An executor authorized to administer a Texas estate with minimal court supervision.
- Muniment of title: A streamlined Texas probate used when there is a valid will and no unpaid debts other than liens on real estate.
- Self-proving affidavit: A sworn attachment that allows a will to be admitted without live witness testimony.
Frequently asked questions
Do all estates go through probate in Texas?
No. Property passing by beneficiary designation, survivorship agreement, transfer-on-death deed, or trust avoids probate. Small estates may qualify for a small estate affidavit or a muniment of title proceeding.
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 where the applicant was not in default.
Is a handwritten will valid in Texas?
A holographic will wholly in the testator's handwriting and signed can be valid in Texas, but it lacks a self-proving affidavit and often creates proof problems in probate.