Creating a will isn’t something most people look forward to, but it’s one of the most meaningful things you can do for the people you care about. In Texas, a properly drafted will can save your family months of stress, confusion, and legal expenses after you’re gone. But a poorly drafted one? That’s a whole different story.
We’ve seen firsthand how small errors or vague wording can lead to big problems in probate court. So, if you’re ready to write your will—or you’ve been meaning to “get to it” for years—here’s what Texas legal professionals want you to know about doing it right.
Understand the Basics of a Valid Texas Will
First things first: your will must meet specific legal standards to be valid in Texas. According to state law, a will must be:
- Made by someone who is at least 18 years old (or legally married, or in the military)
- Written—either typed or completely in your own handwriting
- Made by someone of sound mind
- Signed by you (the testator)
- Signed by two credible witnesses who are at least 14 years old (for typed wills)
A handwritten will (also known as a holographic will) does not require witnesses but must be 100% in your handwriting and clearly intended to serve as your will. While it may seem easier, handwritten wills often lead to more disputes.
Keep It Clear, Specific, and Unemotional
When it comes to writing a will, clarity is everything. Ambiguity is the enemy. If you say “divide my estate equally,” but don’t list who “my children” are, or if you reference “my car” but own three vehicles, you’re setting up your loved ones for a fight.
We’ve worked with clients from Houston to Amarillo who thought they were being fair, only for a lack of specificity to send their estate straight into probate court. Use full legal names. List assets clearly. Be specific about who gets what.
Choose the Right Executor—and a Backup
Your executor is the person responsible for making sure the instructions in your will are carried out. They’ll deal with the court, pay debts, distribute property, and handle any legal paperwork.
Choose someone trustworthy, organized, and willing to do the job. It’s also smart to name an alternate executor in case your first choice isn’t available. And if your estate is complex, consider someone with experience handling legal or financial matters—or someone who’s willing to work with professionals like us.
Don’t Forget About Digital Assets
This is something more and more Texans overlook. Your online banking accounts, emails, social media, and even photos stored in the cloud are all part of your digital life. Without clear instructions, your executor might not be able to access them—or even know they exist.
Include language in your will or a separate document outlining how to access your digital assets and what you want done with them.
Include Guardianship for Minor Children
If you have children under 18, your will is the place to name a guardian. This is one of the most important decisions you’ll ever make. Choose someone who shares your values and is emotionally and financially capable of raising your children.
You can also include instructions for setting up a trust or using life insurance to help support your children after you’re gone.
Update Your Will When Life Changes
Your will isn’t a one-and-done document. If you get married, divorced, have a child, move to a new state, or experience any major life change, update your will. Outdated documents can lead to confusion and even legal challenges.
One of our clients in Fort Worth hadn’t updated her will since the 1990s. She remarried, had a new grandchild, and acquired a new property—but none of that was reflected in her documents. Luckily, we caught it before it caused major issues.
Make It Self-Proving to Simplify Probate
Texas allows for a self-proving affidavit, which is a notarized statement signed by you and your witnesses. This helps streamline the probate process by eliminating the need to track down your witnesses later.
It’s a simple step that can save your family time and stress during an already difficult time.
Store Your Will Properly
All that effort means nothing if your will is lost or inaccessible. Keep the original in a safe place—and make sure your executor knows where it is. Avoid placing it in a safe deposit box unless someone else has access.
Make a few copies and let your trusted family members or attorney know where to find them if needed.
How The Greg Hall Law Firm Can Help
At The Greg Hall Law Firm, we provide virtual support to Texans drafting and updating their wills. We help ensure your documents meet state requirements, reflect your true wishes, and are ready to hold up in court if needed.
We assist individuals, families, and even attorneys with:
- Drafting wills and supporting documents
- Preparing self-proving affidavits
- Organizing updates and codicils
- Adding basic trust language when needed
Whether you’re starting from scratch or revisiting a decades-old document, we’re here to guide you—professionally, affordably, and remotely.
Ready to Protect Your Wishes?
Drafting a will isn’t morbid—it’s a gift to your family. And with a little help, it doesn’t have to be complicated or expensive. Whether you’re 35 or 85, this is one task that feels good to check off your list.
Visit www.greghalllaw.com to get started or reach out with questions. We’re here to make sure your will is more than just a document—it’s a plan that brings clarity, not confusion.