The rules for signing a will are set by each state, and they differ in ways that decide whether your document works at all. The clearest example: a will written entirely in your own handwriting with no witnesses is valid in Texas and not recognized in Florida — the same piece of paper, two opposite outcomes.
This page collects the state guides we have written from the statutes, with the rule that matters most in each one.
What almost every state agrees on
A will must be in writing, signed by the testator, and witnessed by two people. Where states diverge is in the detail: whether the witnesses must sign in front of each other, how old they can be, whether a handwritten will escapes the witness requirement, and what makes the will “self-proved” so nobody has to track those witnesses down years later.
Choose your state
Florida
Two witnesses who must sign in the presence of the testator and of each other. Handwritten wills from other states are not recognized. Homestead property cannot be freely devised.
Florida last will and testament template →
Texas
Two credible witnesses aged at least 14, subscribing in their own handwriting. A will written wholly in the testator’s handwriting needs no witnesses at all.
Texas last will and testament template →
Two states so far, both written from the statutes rather than summarized from other sites. We add states as we can verify them properly — we would rather cover two states accurately than fifty vaguely.
How the two compare
| Requirement | Florida | Texas |
|---|---|---|
| Handwritten will, no witnesses | Not recognized. §732.502(2) excludes holographic wills, even ones valid in the state where they were written. | Valid. Est. Code §251.052: a will written wholly in the testator’s handwriting “is not required to be attested by subscribing witnesses”. |
| Number of witnesses | At least two attesting witnesses (§732.502(1)(b)). | Two or more credible witnesses (Est. Code §251.051). |
| Witness age | Any person competent to be a witness (§732.504(1)). | At least 14 years old (Est. Code §251.051(3)). |
| How witnesses sign | In the presence of the testator and of each other (§732.502(1)(c)). | Subscribing their names in their own handwriting in the testator’s presence (Est. Code §251.051(3)). |
| Where the testator signs | At the end of the will (§732.502(1)(a)). | Signed by the testator in person, or by another in their presence and at their direction (Est. Code §251.051(2)). |
| Beneficiary as witness | Allowed — the will is not invalid for it (§732.504(2)). | See the Texas guide. |
Moving state is the moment this matters. A will that was valid where you signed it is generally accepted elsewhere — but Florida makes an explicit exception for handwritten and oral wills. Someone who wrote a valid holographic will in Texas and later retired to Florida may have no valid will there. If you have moved, the safe assumption is that your will needs re-executing under the rules of the state you now live in.
What none of these templates decide for you
Execution formalities are the part a template can help with. They are not the part that decides where your property goes. Spousal rights, homestead protection, minor children, trusts and creditor claims all sit outside the signing rules and can override what the document says. Each state guide flags the ones specific to that state.
How this page was checked
Florida: Fla. Stat. §732.502 and §732.504, read on the Florida Legislature’s site. Texas: Estates Code §§251.051–251.052, read on the Texas Legislature’s site.
Last verified: August 2026. We do not advance this date without re-checking the sources.
Compiled and edited by Daniel Mercer, editor of LegalTemplateVault. He is not an attorney, and neither is anyone else on this site — what we do is compile primary sources and cite them so you can check them yourself.