Texas Last Will and Testament

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Texas Last Will and Testament

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Last updated June 2nd, 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 the probate process, 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 provide proof of the testator’s death.[5] If the judge approves, they’ll issue an Order Admitting Will to Probate and Letters Testamentary.[6] The executor must then publish a Notice to Creditors and Publisher’s Affidavit and file the Publisher’s Affidavit portion.[7] If there are liens on the decedent’s property, they must mail notice to creditors, and file the notices, proof of delivery, and affidavits of notice.[8]

The executor must send a Notice to Beneficiaries and give each a copy of the will and Order.[9] An Affidavit of Notice to Beneficiaries must then be filed.[10] An Inventory and List of Claims must also be prepared and filed.[11] After paying estate debts and distributing assets, the executor must either file a Notice of Closing Estate (sent to distributees) with proof of receipt or a Closing Report with distributee receipts.[12]