Creating a Last Will and Testament: Essential Tips Under Texas Law

Jul 22, 2025 | Estate Planning

If you’ve ever thought, “I should really get a will together someday,” you’re definitely not alone. Most of us put it off until life gives us a little nudge—a big birthday, a health scare, or maybe just that nagging thought before a vacation. Whatever brings you here, let’s talk about what it really takes to create a valid Last Will and Testament in Texas.

No scare tactics, no confusing legal talk—just real tips, straight up, from someone who’s seen too many families struggle without one.

First Things First: Why Even Bother?

A will isn’t just about money or big fancy estates. It’s about peace of mind—knowing your kids, property, and even your pets will be taken care of the way you intended. Without one? The State of Texas gets a say in who gets what, and believe me, that can get messy.

I once worked with a family in Waco where the deceased hadn’t left a will. The house had to go through intestate probate, and let’s just say Thanksgiving dinners haven’t been the same since.

What Makes a Will Legal in Texas?

Texas law is pretty specific (and fairly straightforward) about what counts as a valid will:

  • You must be at least 18, or legally married, or a member of the armed forces.
  • You must be of sound mind (yes, this matters).
  • It has to be in writing—typed or handwritten, but not just verbal.
  • You need to sign it, and it should be witnessed by two competent adults who aren’t beneficiaries.

If you want to go the handwritten (or “holographic”) route, you can skip the witnesses—but it has to be 100% in your handwriting and clearly intended to be a will.

Pro Tips for Drafting a Solid Will

This is where a good paralegal can really save you from future headaches. Here are some essential tips we often share with clients:

1. Be Specific and Thorough

Use clear language. Don’t say “my car” if you have three. Don’t just list “my children” if there are stepkids involved. Vague wills lead to big court battles.

2. Name an Executor You Trust

This person will carry out your wishes, pay debts, and deal with the court. Pick someone reliable—and willing. It’s okay to name a backup too.

3. Plan for the Unexpected

Who gets your stuff if a beneficiary dies before you? What if your executor moves out of state? Wills should cover those “what-ifs.”

4. Include Guardianship Wishes

If you’ve got minor children, your will is where you name a guardian. Don’t leave it up to the court to guess who’s best.

5. Make It Self-Proving

In Texas, a “self-proving affidavit” signed in front of a notary with your witnesses saves your heirs from having to track those folks down later. It makes probate way smoother.

Common Missteps to Avoid

Some mistakes come up again and again. Here are the ones we try to help our clients avoid:

  • Forgetting to update your will after major life events (marriage, divorce, new baby, etc.)
  • Storing your will somewhere inaccessible—like a bank safe deposit box no one else can open
  • DIYing too much—especially if you have a blended family, out-of-state property, or complex assets

Where a Virtual Paralegal Comes In

You don’t have to pay a fortune or wait weeks to get a solid will together. At The Greg Hall Law Firm, we help folks across Texas draft and organize their estate planning documents from the comfort of home. Whether you need help with will templates, beneficiary designations, or coordination with your attorney, we’re here to make it easy.

We recently helped a couple in San Antonio get their wills finalized before a big international trip. They were shocked at how quick and affordable the process was once we got the ball rolling—all virtual, all smooth.

Your Will, Your Voice

Creating a will isn’t just a legal task—it’s a way to care for your family, even when you’re not around. And it doesn’t have to be a huge ordeal.

So if you’re ready to get started (or even just ask questions), head over to www.greghalllaw.com. We’ll walk you through it—at your pace, without pressure.

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