How to Make a Handwritten Will in Houston, Texas

You might not think you need a Last Will and Testament (will) yet. Maybe you are young, single, or just not sure what to write down. But if something happened to you tomorrow, would your family know what you wanted? Would your belongings go to the people you intend?

In Texas, you can create a handwritten will — no lawyer, no witnesses, and no notary required. It sounds simple, and in many ways it is. But even a handwritten will has to follow the law, or it might be thrown out when your loved ones need it most.

This blog explains how to make a handwritten will in Houston, what Texas law requires, and why this one document might not be enough to meet your estate planning needs.

What Makes a Handwritten Will Legal in Texas?

In Texas, a handwritten will is called a holographic will. It is one of the few types of wills that does not need to be witnessed to be valid. But that does not mean it is automatically accepted in probate. To stand up in court, it must meet several legal requirements under Texas Estates Code § 251.052.

To be legally binding, your handwritten will must:

• Be written entirely in your own handwriting
• State your intent to distribute your property after death
• Be signed by you (the person creating the will)
• Be written while you are of sound mind and have what Texas law calls testamentary capacity

You do not need witnesses or a notary, but the document must be clear enough that a court can recognize it as a valid will. If the handwriting is illegible or the instructions are vague, your family may face challenges during the probate process.

Testamentary Capacity and Sound Mind: What It Means

Under Texas law, you must have testamentary capacity when creating a will. This means:

• You understand what a will is
• You know what property you own
• You can identify your family members or those who would naturally inherit from you
• You understand the effect of signing the will

If you wrote your will during a period of confusion, illness, or cognitive decline, it could be challenged by someone who claims you were not mentally capable at the time. That is one reason why many people choose to update a handwritten will with a formal one, even if they start with a simple version.

What to Include in Your Handwritten Will

Your handwritten will should be more than just a list of names or a note about who gets what. It needs to function as a legally binding document that reflects your final wishes.

Make sure your will clearly includes:

• A statement that it is your Last Will and Testament
• Your full legal name and identifying information
• A list of your property and who should receive each item
• The name of your chosen executor (also called a personal representative)
• Instructions for paying debts and taxes
• A section addressing guardianship if you have minor children

You should also write the date and sign it at the end. If you make multiple handwritten wills, the court will treat the most recent version as your valid will.

Should You Make It a Self-Proving Will?

Even though witnesses are not required for a holographic will in Texas, including a self-proving affidavit can make probate much smoother. A self-proving will is one that includes a sworn statement from you and your witnesses affirming that you signed the will willingly and with capacity.

This affidavit is usually notarized and attached to a typed will, but Texas law allows a handwritten will to be self-proved with the same process. If your will is not self-proving, your family may need to bring witnesses or handwriting experts to court after your death, which can delay probate.

Risks of Relying on a Handwritten Will Alone

A handwritten will may feel simple and personal, but it does not replace a proper estate plan. You might leave out important legal language or fail to address issues that only come up after someone dies, such as how to handle jointly owned property, digital assets, or estate taxes.

Without clear instructions, your loved ones may be left guessing. Worse, parts of your will may be found invalid, leaving some of your property subject to Texas intestacy laws. That means the state decides who inherits, based on a legal formula, not your personal wishes.

Some common problems with handwritten wills include:

• Lack of clarity about property or beneficiaries
• Failure to name a guardian for minor children
• Conflicts with other estate planning documents
• No mention of what happens if a beneficiary dies first
• Omissions that affect Medicaid eligibility or tax planning

When a Handwritten Will Is Not Enough

Even if your handwritten will is valid, it may not fully address your estate planning needs. Many people in Houston benefit from having a more comprehensive estate plan that includes:

• A durable power of attorney
• Advance health care directives
• A revocable living trust to avoid probate
• Living wills for end-of-life decisions
• Financial powers for someone to act on your behalf

Proper estate planning can also include naming backups for key roles like your executor, trustee, and agents. These are the people who will carry out your instructions, so you want to give them legal authority that stands up in court.

Why It Helps To Speak With Will Lawyers

Texas allows handwritten wills, but that does not mean it is always the right tool for your situation. Every family is different. If you have property in multiple states, complex family dynamics, or want to avoid probate altogether, it may be time to speak with a Houston estate planning attorney.

An attorney can review your handwritten will, suggest updates or replacements, and help you build a complete plan that protects your wishes, your loved ones, and your legacy.

Even if you begin with a simple will, you may want to revisit it after a life event like:

• Marriage or divorce
• Birth or adoption of a child
• Death of a family member or beneficiary
• Major changes in assets or business ownership

Do You Still Need Probate With a Handwritten Will?

Yes. Your will, whether typed or handwritten, must go through probate before your property is transferred. During probate, the court verifies that your will is legally valid and authorizes your executor to manage your estate.

The probate process in Texas can be time consuming and public, especially if the will is challenged or unclear. One way to avoid probate is by placing assets into a revocable living trust, which transfers property privately and outside of court.

For many Houston families, combining a will with other estate planning documents creates peace of mind and simplifies estate administration after a person’s death.

Create a Legally Binding will That Reflects Your Wishes

You may be thinking about writing down your final wishes for the first time, or you may already have a handwritten will that needs to be reviewed. Either way, the right plan starts with understanding your legal options in Texas.

At Your Legacy Legal Care®, our Houston will lawyers work with clients to create wills, trusts, advance directives, and other legal documents tailored to their unique circumstances. Whether you want to avoid probate, appoint a guardian for your minor children, or make your end-of-life decisions known, our legal team can guide you through each step.

Your online search for “lawyer who does wills” or “estate plan attorneys near me” brought you to this blog. Take the next step and call us at (281) 218-0880(281) 218-0880 or fill out our confidential online form to schedule your strategy session.

While you wait for your strategy session, we invite you to check out our podcast, “Life Happens!”, with estate planning and elder law attorney Kim Hegwood.

We help families plan for the future, protect their loved ones, and guide them through the unexpected.

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The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.

Your Legacy Legal Care®
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Houston, Texas 77062
(281) 218-0880(281) 218-0880
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