Texas Last Will and Testament

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Texas Last Will and Testament

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Last updated May 18th, 2026

A Texas last will and testament is used by an individual to establish how their property will be distributed after they pass away. The document ensures the testator’s final wishes are fulfilled by naming beneficiaries, listing the property they are entitled to, and appointing an executor to manage the distributions.

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A Texas last will and testament is used by an individual to establish how their property will be distributed after they pass away. The document ensures the testator’s final wishes are fulfilled by naming beneficiaries, listing the property they are entitled to, and appointing an executor to manage the distributions.

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State Laws

  • Minimum Age – 18.[1]
  • Signing Requirements – Testator and two witnesses.[2]
  • How to Revoke – Physically destroying the original document or executing a new will or revocation document.[3]

Probate in Texas

Application for Probate of Will

To begin probate, the executor must obtain a hearing date by filing the following forms with the county clerk of the county where the decedent resided[4]:

At the hearing, the executor must bring a Proof of Death Testimony and obtain an Order Admitting Will to Probate and Letters Testamentary.[5] They must then publish a Notice to Creditors and Publisher’s Affidavit, give notice to creditors, and file the notices, proof of delivery, affidavits of notice, and Publisher’s Affidavit.[6]

The executor must give beneficiaries the Will, Order, and Notice to Beneficiaries, then file an Affidavit of Notice to Beneficiaries, Inventory, and List of Claims.[7] After paying estate debts and distributing assets, the executor must either file a Notice of Closing Estate (sent to beneficiaries) with proof of receipt or a Closing Report with distributee receipts.[8]