Texas Will – Types of Wills


There are multiple types of Wills that are valid in Texas.

  • Written– This is a standard will that has been typed up and is most often created by a professional. Written wills are also called Formal Wills. It must be signed by the testator, be witnessed by 2 credible witnesses above the age of 14 and signed by the witnesses. A beneficiary of the formal will should not be one of the witnesses to the will.
  • Handwritten – A hand written will is also referred to as a holographic will. A hand written will must be written entirely in the handwriting of the testator (type written words can’t be included). The will must be signed by the testator. It doesn’t need to be witnessed and it can be written on anything.
  • Oral Will –An oral will is valid only for personal property and it is only valid if made by the testator if they are in their last illness at home or if they can’t return to home. Real property can not be passed through an oral will (ex: real estate). If the value of the personal property is more than $30, there must be at least 3 witnesses to the oral will.

The testator requirements for types of Texas Wills are that:

  • The testator is at least 18 year old, married or serving in the armed forces.
  • Be of sound mind at the time of executing the will
  • Not be forced or deceived to make the will
  • Have the intention to distribute property upon their death

The best will is one that was prepared with the help of an attorney. Laymen created formal wills are better than handwritten wills and both are preferable to oral wills.

Video wills are another type of will. These have become more popular since the technology to easily make them has become available. In and of themselves, video wills aren’t usually sufficient to create a legal will and they are usually accompanied by a written will. Video wills that have the testator reading them can help demonstrate intent and sound mind at the time of the reading.