Texas Last Will and Testament Template (PDF & Word) – 2026

What follows is a free last will and testament in Texas template, plus a guide to filling it out correctly. If you read past the download buttons, you will pick up the patterns that make these documents enforceable and the patterns that get them thrown out. The combination matters more than the template itself.

This page provides a free, Texas-compliant Last Will and Testament template in both PDF and Microsoft Word format. The template incorporates Texas-specific statutory references, mandatory disclosures, and best-practice provisions. Download the version that fits your workflow, customize the bracketed fields, and execute according to the signing instructions below.

A Concrete Example

Married couple in Texas, ages 52 and 50, with two children ages 18 and 15, a house with $180,000 of equity, a $500,000 term life policy, and $340,000 in retirement accounts. They each sign a basic will that leaves everything to the surviving spouse, then to the children in equal shares, with the older child as executor and a named guardian for the minor. Total cost: free (this template), plus $30 for notarization with self-proving affidavit.

Note: the retirement accounts and life insurance pass by beneficiary designation, not by will. If the beneficiary designations name the spouse (and contingent the children), those assets bypass probate entirely. The will only controls the house and any unrelated property. This pattern — basic will plus correctly updated beneficiary designations on each account — is what handles most middle-class estates without a trust.

Texas Last Will and Testament: Legal Framework

Texas Estates Code §251.051 establishes the requirements for an attested will:

• Writing: The will must be in writing.
• Signature: Signed by the testator in person or by another at the testator’s direction in the testator’s presence.
• Witnesses: Attested by two or more credible witnesses 14 years of age or older who sign in the testator’s presence.
• Self-Proving Affidavit (§251.101): A notarized affidavit attached to the will that simplifies probate — the witnesses’ testimony at probate is not required. Strongly recommended.
• Holographic Wills (§251.052): A will wholly in the testator’s handwriting and signed by the testator is valid in Texas WITHOUT witnesses.
• Testamentary Capacity: Testator must be 18 or older, married, or a member of the U.S. military, and of sound mind.

Key Provisions to Include

• Identification and revocation. Testator’s full legal name, declaration that this is the last will, and revocation of all prior wills and codicils.
• Family information. Spouse and children identified. Naming a child you intend to exclude is necessary in some states to prevent the child from claiming a pretermitted heir share.
• Executor nomination. Primary executor and at least one successor. State whether the executor serves with or without bond.
• Guardian for minor children. Primary guardian and successor, if minor children are involved.
• Specific bequests. Particular items or amounts to specific beneficiaries (e.g., «my wedding ring to my daughter Jane»).
• Residuary clause. Disposition of everything not otherwise specifically bequeathed — typically the largest portion of the estate.
• Survivorship clause. Requirement that a beneficiary survive the testator by a specified period (e.g., 30 days) to take.
• Powers of executor. Express powers to sell property, settle claims, distribute in kind, and other administrative authority.
• Tax payment clause. Direction on which assets bear estate tax (residue is typical).
• No-contest clause. Optional clause forfeiting the share of any beneficiary who contests the will (state-specific enforceability).
• Signature block. Testator’s signature, date, and place. Witness signatures and addresses. Self-proving affidavit (separate page).

Common Mistakes to Avoid

• Improper execution. Wrong number of witnesses, witnesses not present at the same time, or witnesses who are beneficiaries (which voids the bequest in many states). The most common reason wills are denied probate.
• No self-proving affidavit. Without one, witnesses must testify at probate — they may be unavailable, deceased, or impossible to locate years later.
• Vague residuary clause. Failure to dispose of the residue causes partial intestacy — the leftover passes by state intestacy law rather than the testator’s wishes.
• Naming a beneficiary as a witness. In most states, the bequest to that beneficiary is void (the will is still valid as to other beneficiaries). Use disinterested witnesses.
• Failure to update after life changes. Marriage, divorce, birth of a child, or major asset acquisition all require updating the will. State law may revoke gifts to a divorced spouse automatically, but other provisions may not adjust.
• Including provisions for non-probate assets. Life insurance, retirement accounts (IRAs, 401(k)s), and POD/TOD accounts pass by beneficiary designation, not by will. Naming a different beneficiary in the will has no effect — update the beneficiary designations directly.
• Storing the original in a safe deposit box. If the box is sealed at death, accessing the will requires a court order, delaying probate. Store with the executor, the lawyer, or in a fireproof home safe.

Frequently Asked Questions

Do I need a lawyer to make a will?

No, but for any estate with significant assets, blended family, special needs beneficiaries, business interests, or estate-tax exposure, an estate planning attorney is strongly recommended. The cost of probate litigation over a defective DIY will far exceeds the cost of professional drafting.

Does the will need to be notarized?

Not for basic validity in most states, but the self-proving affidavit attached to the will MUST be notarized, and the affidavit dramatically simplifies probate. Always notarize.

What happens if I die without a will?

You die «intestate» and your property passes by your state’s intestate succession statute — typically to your spouse and children in predetermined shares. Friends, charities, and unmarried partners receive nothing.

Can I disinherit my spouse?

In most U.S. states (except community property states like Texas and California), a surviving spouse is entitled to an «elective share» — typically one-third to one-half of the estate — regardless of the will. Complete disinheritance of a spouse is generally not possible without a valid pre/post-nuptial agreement.

Can I disinherit a child?

Generally yes (except Louisiana, which has «forced heirship» for minor children and certain disabled adult children). The will should name the child being disinherited and state the intent to omit them, to prevent a «pretermitted heir» claim.

How do I update my will?

Either execute a codicil (an amendment with the same formalities as a will) or execute a new will that revokes all prior wills. For substantive changes, executing a new will is cleaner.

What is probate?

Probate is the court-supervised process of admitting a will, settling debts, and distributing the estate. Some states have simplified procedures for small estates; some assets (joint tenancy, beneficiary designations, trusts) bypass probate entirely.

Should I use a trust instead of a will?

A revocable living trust can avoid probate, provide privacy, and manage assets during incapacity. Most comprehensive estate plans use BOTH a will (as a backup and to name guardians for minor children) and a trust (for asset management and probate avoidance). Consult an estate planning attorney.

Download the Free Texas Last Will and Testament

Both versions below are the same Texas-compliant document, formatted for different workflows. The PDF is ready to print and execute. The Word version is editable in Microsoft Word, Google Docs, or LibreOffice.

Important — read before downloading: this template is an educational resource, not a legal opinion. The structure and provisions follow standard U.S. practice but cannot account for every state-specific quirk or fact pattern. Treat it as 80% of the work done, with the remaining 20% being the customization to your specific transaction. A licensed attorney in your state should review the executed document if anything material is at stake.

---

Related Templates

People who download this template also frequently need: