CONTENTS

    Legal Checklist for Wills and Trusts in Texas

    avatar
    LIGOT DIZON LAW
    ·July 15, 2025
    ·13 min read
    Legal Checklist for Wills and Trusts in Texas
    Image Source: pexels

    You must follow certain rules to make a valid will in Texas. Estate planning Texas requires age and capacity rules, proper writing, and witness steps. If you skip any Texas will steps, your will may not hold up in court. Estate planning in Texas helps keep your assets and family protected. Use a checklist to ensure your will and trust comply with Texas laws. By following every Texas will rule, you make sure your wishes are honored.

    Texas Will Requirements

    Texas Will Requirements
    Image Source: pexels

    To make a valid will in Texas, you must follow certain steps. You need to meet all texas will requirements so your wishes are followed. This checklist helps you know what to do.

    Checklist for a Valid Will in Texas:

    • You must be old enough and have the right mind.

    • The will must be written down.

    • You must sign your will.

    • If it is a formal will, witnesses must sign too.

    • You can add a self-proving affidavit to make probate easier, but it is not needed.

    • For a holographic will, you must write and sign it all by hand.

    Age and Capacity

    You must be 18 or older to make a will in Texas. If you are younger, you can make a will if you are married or in the armed forces. You also need testamentary capacity. This means you must know you are making a will. You must know what things you own. You must know who your family is or who will get your things. You must be of sound mind when you sign the will.

    Criteria for Valid Will Execution in Texas

    Description

    Minimum Age Requirement

    18 years or older

    Exceptions for Under 18

    Married or in armed forces

    You must understand what it means to make a will. You must know what will happen after you sign. You must know what you own. You must know who your family is. You must be able to make good choices about your estate.

    Writing and Signature

    Texas will requirements say your will must be written. You can type your will or write it by hand. You must sign your will. If you cannot sign, you can ask someone to sign for you while you watch. You can use your full name, initials, or a mark as your signature. You must mean to sign the will. Your signature shows you agree with what is in the will.

    Witnesses and Self-Proving Affidavit

    A formal will needs at least two witnesses. Each witness must be at least 14 years old. The witnesses must see you sign the will. You must sign the will in front of them. Witnesses cannot get anything from your estate. You do not need to notarize the will, but a self-proving affidavit is helpful. This affidavit is a sworn paper signed by you and your witnesses in front of a notary. It proves the will was done right and makes probate easier. If you do not have a self-proving affidavit, your witnesses may need to go to court to prove the will.

    Requirement Aspect

    Description

    Age of Testator

    18 or older, or married, or in armed forces

    Age of Witnesses

    At least 14 years old

    Number of Witnesses

    At least two

    Self-Proving Affidavit

    Not required for a valid will, but recommended for easier probate

    Notarization

    Required for affidavit, not for the will itself

    Tip: Add a self-proving affidavit to your will. This step makes probate faster and cheaper.

    Holographic vs. Formal Will

    Texas allows two main types of wills: holographic and formal. Each type has its own rules.

    Aspect

    Holographic Will in Texas

    Formal Will in Texas

    Writing Requirement

    Entirely handwritten by you

    Typed or printed, usually by an attorney

    Witnesses

    Not required

    Required (at least two)

    Notarization

    Not required; self-proving affidavit optional

    Self-proving affidavit recommended

    Legal Formality

    Less formal, simpler

    More formal, comprehensive

    Probate Process

    Must go through probate

    Must go through probate

    Suitability

    Good for simple estates or emergencies

    Best for complex estates or possible disputes

    Contestability

    Easier to contest

    Harder to contest

    Cost

    Low cost, no attorney needed

    Usually involves attorney fees

    Risks

    Ambiguity, handwriting issues, delays

    Clarity, fewer legal challenges

    A holographic will must be written and signed by you. You do not need witnesses for a holographic will. But two people must later say the handwriting and signature are yours unless you have a self-proving affidavit. A formal will is typed or printed. You and two witnesses must sign it. Formal wills give more legal safety and are harder to fight in court.

    Note: Holographic wills are good for simple cases or emergencies. For hard cases or if you think people will argue, use a formal will.

    If you meet all texas will requirements, your will is a valid will. If you miss any rule, your estate may not go to the people you want. Always check your will to make sure it meets every texas will requirement.

    Trust Requirements Texas

    When you make a trust in Texas, you must follow certain rules. These rules help make sure your trust works the right way. Trusts are important in estate planning texas. They help you take care of your things for your family. If you know the legal steps, you can avoid big mistakes.

    Legal Capacity and Intent

    You must have the right ability to make a trust in Texas. This means you must be able to give away or leave property. You need to know what a trust is and what it does. You should also know what happens when you sign the paper. Texas law says you must show you want to make a trust. You must write this in the trust paper. If you do not have the right ability or intent, the trust will not work.

    Tip: Always read the trust paper before you sign it. If you do not understand, ask an estate planning texas lawyer.

    Types of Trusts

    Texas has many kinds of trusts. Each kind helps with a different goal in estate planning texas. Here are the main types you might use:

    • Revocable Trusts: You can change or stop these while you are alive. They help your things skip probate.

    • Irrevocable Trusts: You cannot change these after you make them. They help with taxes and protect from creditors.

    • Living Trusts: You make and put things in these while you are alive. They help your things go straight to your people.

    • Testamentary Trusts: You make these in your will. They start after you die and go through probate.

    • Special Needs Trusts: These help people with disabilities keep their benefits.

    • Pet Trusts: You can leave money for your pets after you die.

    • Charitable Trusts: These help charities and may lower taxes.

    • AB Trusts: Married people use these to save on estate taxes.

    Pick the right trust for your goals and your family’s needs.

    Creating and Funding a Trust

    To make a good trust in Texas, follow these steps:

    1. Pick the kind of trust that fits your estate planning texas needs.

    2. Choose a trustee to handle the trust and follow your wishes.

    3. Name your people who will get the trust things, and pick backups.

    4. Write the trust paper with a lawyer to meet all rules.

    5. Move your things, like land, money, and stocks, into the trust name.

    6. Sign and, if you can, notarize the trust paper to make it real.

    7. Check and change the trust if your life or things change.

    It is very important to put your things into the trust. If you do not, they will not skip probate. Trusts help your family skip the wait and cost of probate in Texas. They also keep your plans private, but wills do not.

    Trustee Duties

    A trustee in Texas has big jobs to do. Pick someone you trust to follow your wishes and help your people. The main jobs are:

    1. Duty of Loyalty: The trustee must help the trust and your people, not themselves.

    2. Duty of Care: The trustee must take care of the trust things and keep good records.

    3. Duty of Obedience: The trustee must do what the trust paper says.

    4. Duty of Good Faith and Fair Dealing: The trustee must treat everyone fair and not have conflicts.

    5. Record Keeping: The trustee must write down all trust deals.

    6. Accounting: The trustee must track money and give reports to your people.

    7. Asset Management: The trustee must keep the trust things safe, pay taxes, and get insurance if needed.

    If a trustee does not do these jobs, Texas courts can remove them. The court can also make them pay for losses or give money to your people. Trustees must do their jobs well to stay out of trouble.

    Common Mistakes to Avoid

    When you create a will or trust in Texas, you must avoid common mistakes that can cause big problems for your family. Missing key steps or using the wrong forms can make your will invalid. You want your wishes to be clear and your assets protected.

    Missing Signatures or Witnesses

    You must follow all requirements for a valid will in Texas. If you forget to sign your will or do not have the right witnesses, the court may reject your will. Texas law says you need to sign your will and have at least two adult witnesses. These witnesses must see you sign the will. If you miss this step, your will may not count. Many people lose their chance to control their estate because they skip these requirements. Courts often see wills that fail because of missing signatures or witnesses. This mistake can lead to legal fights and delays for your loved ones.

    Tip: Always double-check that you and your witnesses sign every page of your will.

    Using Invalid Forms

    You should not use generic will forms you find online. Many of these forms do not meet Texas requirements. If your will does not follow state rules, it may not work. A will that uses the wrong form can leave out important details or fail to cover your unique needs. You also risk missing updates after big life changes, like marriage or divorce. If you do not update your will, your assets may not go to the right people. You must describe your assets clearly in your will. If you leave out property or use unclear language, your family may face legal disputes.

    Not Funding a Trust

    If you set up a trust, you must move your assets into it. Many people forget this step. If you do not fund your trust, your assets may go through probate. This process can cause delays and make your estate public. Your family may have to wait longer to get what you left them. If you only put some assets in the trust, your heirs may fight over what is inside and outside the trust. You also lose privacy and may miss out on tax benefits. Always update your trust and make sure all your assets are included.

    Remember: A will or trust only works if you follow every step. Careful planning now saves your family from stress later.

    Consequences of Invalid Documents

    Intestacy in Texas

    If your will or trust is not valid in Texas, the court treats your estate as intestate. This means intestate succession laws decide who gets your things. You do not get to choose what happens. The court uses a strict order set by Texas intestate succession laws.

    If you do not follow the rules, like being 18, having the right witnesses, or showing you meant to make a will, the court can say your will is not valid. Then intestate succession laws take over.

    Here is what intestate succession laws do in Texas:

    • The court checks if you have a spouse or children.

    • If you have a spouse, they get a share of your estate.

    • If you have children, they split your things.

    • If you have no spouse or children, the court looks for parents, siblings, or other family.

    • If you have no living family, your estate goes to the state of Texas.

    You cannot leave things to friends, charities, or stepchildren under intestate succession laws. Only blood relatives or adopted children can inherit. If only part of your will is not valid, intestate succession laws cover that part. If you have an older valid will, the court may use it. If not, intestate succession laws always decide what happens in Texas.

    Probate Issues

    If your estate documents are not valid in Texas, probate gets harder. The court must check if your will or trust follows all the rules. If not, intestate succession laws decide what happens. Many problems can come up:

    • If you miss signatures or witnesses, your will is not valid, so intestate succession laws are used.

    • If someone says you were not thinking clearly or were forced, the court may not accept your will and will use intestate succession laws.

    • If your will is not clear, people may argue, and intestate succession laws may be used.

    • If your will has mixed-up instructions or missing parts, the court follows intestate succession laws.

    • If you owe more than you own, intestate succession laws decide how to pay debts and split what is left.

    Probate courts in Texas often see fights when intestate succession laws are used. Family members may argue about assets, what the executor does, or unclear wishes. This can slow things down and cost more money.

    To stop these problems, always follow Texas law and keep your documents up to date. If you do not, intestate succession laws will decide, and your loved ones may not get what you wanted.

    Estate Planning Texas Resources

    Estate Planning Texas Resources
    Image Source: pexels

    Texas Statutes and Forms

    You can find official estate planning texas resources in many places. The Texas State Law Library has guides about wills, trusts, and probate. These guides have links to court rules, legal forms, and lawyer help. The Texas Supreme Court made will forms for different families. You can get these forms from court websites, law libraries, or legal aid groups. TexasLawHelp.org gives easy will forms for single, married, widowed, or divorced people, with or without kids. The Texas Estates Code Chapter 201 tells you about inheritance rules. Section 22.020 says the Supreme Court must make simple will forms for everyone. Always read the instructions before you fill out a form. If your case is hard, talk to a lawyer.

    Tip: The Texas State Law Library has books and e-books with legal form templates. These tools help you make documents that follow state rules.

    Legal Help and Updates

    You have many ways to get legal help and news about estate planning texas. The Texas State Law Library gives you books, articles, and legal news. TexasLawHelp.org has guides, forms, and a list of legal aid groups. You can ask questions online and find legal clinics and events. Free forms for advance directives come from the Texas Department of Health and Human Services. LegalShield has low-cost plans for attorney help, document checks, and estate planning support.

    You should talk to an attorney if you have young kids, a tricky family or money situation, or want to skip probate court. An attorney can help you make wills, trusts, and powers of attorney that follow texas law. Check your estate plan often to keep up with law changes, like new rules for electronic wills or updates to inheritance laws.

    Note: Texas law changes a lot. Stay up to date by checking the State Law Library and TexasLawHelp.org. A good attorney can help you understand new rules and keep your things safe.

    You protect your family and assets when you follow a legal checklist for your will and trust in Texas. A will that meets every legal step gives you peace of mind. You avoid confusion and costly court issues. Using a checklist helps you understand each part of your will and trust. You make sure your will covers all your wishes and keeps your loved ones safe.

    A legal checklist for your will and trust helps you plan for the future. You keep your will clear and your assets secure. You make sure your will protects everyone, including those with special needs. Careful planning with your will means your wishes are honored and your estate runs smoothly.

    FAQ

    What happens if you do not have a will in Texas?

    If you die without a will, Texas intestacy laws decide who gets your property. The court follows a set order. Your spouse, children, or closest relatives inherit your assets. Friends and charities do not receive anything.

    Can you write your own will in Texas?

    Yes, you can write your own will. Texas accepts handwritten (holographic) wills. You must write and sign it yourself. Typed wills need two witnesses. Always make sure your will meets all Texas legal requirements.

    Do you need a lawyer to create a trust in Texas?

    You do not need a lawyer, but hiring one helps you avoid mistakes. A lawyer makes sure your trust meets Texas law. You get advice on the best trust for your needs and help with funding the trust.

    How often should you update your will or trust?

    You should review your will or trust every three to five years. Update it after major life changes, such as marriage, divorce, birth, or death in your family. Regular updates keep your documents valid and accurate.

    What is a self-proving affidavit for a will?

    A self-proving affidavit is a notarized statement attached to your will. It proves you signed your will correctly. This document helps your will go through probate faster. Your witnesses sign it with you in front of a notary.

    See Also

    Key Legal Steps to Draft a Will in Texas

    Complete Guide to Texas Estate Planning and Trusts

    Essential Facts About Testamentary Trusts in Texas

    Legal Effects of Signing a Texas Last Will Explained

    Steps to Create an Irrevocable Trust in Texas

    Schedule an Appointment with Estate Planning Attorney Aileen Ligot Dizon

    Subscribe to get the updates!

    Sign up now to receive timely blog updates.

    I accept the email subscription terms.