Yes. You can write your own will in Tarrant County without hiring a lawyer. Texas law allows individuals to prepare their own wills, and the Texas Supreme Court has approved basic will forms for people in several common family situations.
However, being able to write your own will does not necessarily mean that any document you create will be legally valid or accomplish what you intend. Texas has specific requirements for signing and witnessing a will. Your family circumstances, property ownership, and intended beneficiaries can also affect how your instructions should be written.
If you live in Fort Worth, Arlington, Southlake, Keller, or another Tarrant County community, understanding these requirements can help you decide whether a do-it-yourself will is appropriate or whether you should ask an estate planning attorney to review your plans.
Can I Legally Write My Own Will in Texas Without a Lawyer?
Yes. Texas does not require you to hire an attorney to prepare a will. You can create one yourself using an appropriate form or, in some circumstances, write the entire document by hand.
Under Section 251.001 of the Texas Estates Code, a person of sound mind generally may make a will if they are at least 18 years old, are or have been married, or are a qualifying member of the armed forces.
The important distinction is between writing a document that expresses your wishes and creating a will that satisfies Texas law.
For example, you might write that you want your spouse to inherit your home and your children to receive your savings. But you also need to consider whether you own the property individually or jointly, whether beneficiary designations apply, and whether the document has been properly signed and witnessed.
A will should communicate your intentions clearly and address the property that can legally pass under it. A document that is incomplete, unclear, or improperly executed may create difficulties for your loved ones later.
Does Texas Have Free Will Forms I Can Use?
Yes. The Supreme Court of Texas has approved four basic will forms that individuals can use to prepare their own wills.
The forms are designed for these family situations:
- A married person who has children.
- A married person who does not have children.
- A person who is single, widowed, or divorced and has children.
- A person who is single, widowed, or divorced and does not have children.
You can access the forms through the Texas Judicial Branch official forms page under Probate and Guardianship.
These forms provide a starting point for people with relatively straightforward estate-planning needs. They are not designed to address every possible family or financial situation.
For example, your circumstances may be more complicated if you have children from different relationships, own a business, have an existing trust, or want to place conditions on how beneficiaries receive property.
The Texas State Law Library also recommends having an attorney review a completed will to help ensure that your wishes are properly documented. You can read its guidance on creating a simple will in Texas.
What Are the Legal Requirements for a Will in Texas?
Texas has specific requirements for a standard written will. Understanding them is important before signing a document you prepared yourself.
Under Section 251.051 of the Texas Estates Code, a standard written will generally must:
- Be in writing.
- Be signed by the person making the will, known as the testator, or by another person acting on the testator’s behalf and under their direction in their presence.
- Be attested by at least two credible witnesses who are at least 14 years old.
- Have the witnesses sign their names in their own handwriting in the testator’s presence.
These are important execution requirements. Simply printing a will, signing it privately, and putting it away may not be enough if the required witnesses did not participate.
You should also understand the difference between signing a will and making it self-proved. A self-proving affidavit is a separate document that can be signed by the testator and witnesses before an authorized officer, such as a notary. It can make certain probate steps easier by reducing the need to locate witnesses later.
A self-proving affidavit does not replace the witness requirements for a standard written will.
For the specific legal provisions, review Chapter 251 of the Texas Estates Code.
Can I Write My Will by Hand in Texas?
Yes. Texas recognizes handwritten wills, commonly called holographic wills.
Under Section 251.052 of the Texas Estates Code, a will written wholly in the testator’s handwriting does not require subscribing witnesses.
This means you do not necessarily need a computer, printed form, or two witnesses to create this type of will. However, the handwritten document must still satisfy the applicable legal requirements, including the requirements relating to the person’s capacity, signature, and intent to make a will.
There is another practical consideration. If a handwritten will is not self-proved, it may need to be established during probate through evidence from people familiar with the testator’s handwriting.
That can create additional steps for the family. A handwritten will may be legally recognized, but that does not automatically make it the easiest option for your loved ones.
What Mistakes Should I Avoid When Writing My Own Will?
A DIY will can create problems when important details are overlooked. Even when your intentions seem straightforward, the wording and execution of the document matter.
Here are some common issues to consider.
1. Using a form that does not match your family situation
The Texas Supreme Court forms are designed for four basic family categories. If you have a blended family, children from previous relationships, or other unusual circumstances, a standard form may not address your needs.
2. Leaving instructions unclear
Statements such as “I want my family to share everything” may not explain who receives particular property or how disputes should be handled. Clear instructions can reduce uncertainty.
3. Forgetting to name an alternate executor
You may have someone in mind to manage your estate, but what happens if that person cannot or does not want to serve? Considering an alternate can help avoid an unnecessary gap.
4. Not following the signing requirements
A standard written will must meet Texas witness and signing requirements. Mistakes during execution can create questions about whether the document is valid.
5. Overlooking property that may pass outside the will
Some assets pass through beneficiary designations, joint ownership, survivorship rights, or other arrangements. A will may not control how those assets are transferred.
6. Forgetting to update an older will
Your circumstances may change after marriage, divorce, the birth of a child, a move, or a significant change in property ownership. An outdated will may no longer reflect your wishes.
Taking the time to review these issues before signing can help you avoid problems later.
When Is a DIY Will Not Enough for My Situation?
A do-it-yourself will may be suitable for someone whose family and financial circumstances are relatively straightforward. However, certain situations deserve more careful attention.
Consider speaking with an estate planning attorney if you:
- Have children from more than one marriage or relationship.
- Want to provide for a beneficiary with special needs.
- Own a business or have complex financial interests.
- Own real estate in multiple states.
- Want to create a trust or coordinate your will with an existing trust.
- Want to control how or when beneficiaries receive an inheritance.
- Have concerns about potential disputes among family members.
- Are unsure how jointly owned property or beneficiary-designated assets will pass.
You may also need guidance if you want to disinherit an heir, make complicated gifts, or provide for someone who may not be able to manage an inheritance independently.
These situations do not automatically require a complicated estate plan. They do make it important to understand the legal consequences of your decisions before relying on a basic form.
Does Tarrant County Have Different Rules for Writing a Will?
No. The basic legal requirements for creating a valid will come from Texas state law, not a separate set of Tarrant County will-writing rules.
Whether you live in Fort Worth, Arlington, Southlake, Keller, or another part of Tarrant County, the Texas Estates Code governs the essential requirements for signing and executing your will.
However, probate matters are handled through the appropriate courts, and the location of probate proceedings can depend on the circumstances of the estate.
It is helpful to distinguish between making a will and probating a will. Making a will involves documenting your wishes and executing the document according to Texas law. Probate is the legal process through which a will may be admitted and an estate administered after someone dies.
Having a properly prepared will does not necessarily mean your estate will avoid probate.
Where Can Tarrant County Residents in Fort Worth, Arlington, Southlake, and Keller Get Help With a Will?
If you live in Fort Worth, Arlington, Southlake, or Keller and have questions about preparing your own will, you may want to discuss your circumstances with an estate planning attorney before relying on a standard form.
The Law Office of Kate Smith, PLLC is based in Colleyville, Texas, and its published estate-planning service areas identify these Tarrant County communities as primary locations. The firm’s Wills page also provides information for people seeking will preparation in Tarrant County and Grapevine.
An attorney can help you understand whether a basic form addresses your needs, identify issues you may have overlooked, and explain what additional planning may be appropriate.
You do not have to arrive with a completed estate plan. You can start by explaining your family circumstances, what property you own, and how you want your wishes to be carried out.
To discuss your situation, contact the Law Office of Kate Smith, PLLC at 817-479-0534.
Frequently Asked Questions About Writing Your Own Will in Texas
Are Texas Supreme Court will forms legally valid?
The Texas Supreme Court approved the forms to help individuals prepare basic wills. However, completing a form does not eliminate the need to follow the applicable signing and execution requirements. The form must also be appropriate for your circumstances.
Can I type my own will and sign it at home?
You can prepare a typed will yourself, but a standard written will generally needs to be signed and attested by at least two credible witnesses who are 14 years old or older. Simply signing a typed document without the required witnesses may not satisfy Texas law.
Can my family members serve as witnesses to my will?
Texas law sets requirements for witnesses, and whether a particular person should serve can depend on their relationship to the testator and whether they may benefit under the will. It is generally prudent to use disinterested witnesses who are not receiving gifts under the document.
Does a handwritten will need two witnesses in Texas?
No. A will written wholly in the testator’s handwriting does not require subscribing witnesses under Section 251.052 of the Texas Estates Code. However, other legal requirements still apply, and additional evidence may be needed to establish the will during probate if it is not self-proved.
Should I have a lawyer review my DIY will?
Having an attorney review your will can help identify unclear instructions, execution problems, and issues involving your family or property that a basic form may not address. This can be especially helpful if your circumstances are not straightforward.
