✍️ Sarah Mitchell
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⚖️ Legally reviewed by James Hartley, J.D.
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Last reviewed: May 2026
Affiliate Disclosure: Law-Trust.com may earn a commission when you click links to Trust & Will on this page, at no extra cost to you. Our rankings are editorially independent and not influenced by affiliate relationships. This article is for informational purposes only and does not constitute legal advice.
Texas has one of the more straightforward will laws in the country — and a probate system that's significantly easier to navigate than most states. Whether you're in Houston, Dallas, Austin, or a small rural county, making a legally valid will online is entirely achievable without an attorney for most Texans. The process takes under an hour and costs a fraction of attorney fees.
That said, Texas is a community property state with its own specific rules about marital assets, and there are a few unique Texas estate planning features worth knowing — like the availability of independent administration in probate and the Muniment of Title shortcut for simple estates. This guide covers everything Texas residents need to know about making a will online.
Is an Online Will Legal in Texas?
Yes — online wills are fully legal in Texas when executed according to state requirements. Texas has clear statutory requirements for a valid will, and major online will services are specifically designed to meet them.
Under Texas Estates Code § 251.051, a valid will must be in writing, signed by the testator (who must be at least 18, or a married minor, or a member of the armed forces), and attested by two or more credible witnesses who are at least 14 years old and who sign in the testator's presence.
Notarization is not required for a valid Texas will. However, you can add a self-proving affidavit under Texas Estates Code § 251.104, which eliminates the need for witnesses to testify during probate. This is highly recommended and most quality online services will include it or prompt you to complete it.
Texas also recognizes holographic wills — entirely handwritten and signed by the testator, with no witnesses required (Texas Estates Code § 251.052). While legally valid, holographic wills carry a higher risk of being contested and are harder to prove valid in court. A properly executed witnessed will from an online service is always the better choice.
Texas Will Requirements Checklist
✔ Texas Legal Will Requirements
- You are at least 18 years old (or a married minor, or active military)
- You are of sound mind at the time of signing
- The will is in writing (typed or printed)
- You sign the will (or direct another person to sign in your presence)
- Two credible witnesses, each at least 14 years old, sign in your presence
- Notarization is NOT required — but a self-proving affidavit is strongly recommended
- Witnesses should be disinterested parties (not beneficiaries) for best practice
- No specific form or wording is mandated by Texas law
Best Online Will Services for Texas Residents
We reviewed all three major services with Texas-specific scenarios — community property, ranch land, blended families, business interests. Here's how they stack up:
Best overall for Texas residents — community property aware, intuitive, includes living trust option
Will plan from
$199
Texas-Specific Documents
Community Property Guidance
Living Trust Available
Self-Proving Affidavit Included
Free Updates
Trust & Will is our top pick for Texas because the questionnaire is explicitly designed to handle community property states, generates a proper Texas self-proving affidavit, and offers the full trust option if you want to avoid probate entirely. The guided process takes about 20–30 minutes for most Texans.
✅ Pros
- Community property aware
- Includes self-proving affidavit
- Clean guided process
- Free lifetime updates
❌ Cons
- Higher price point
- No included attorney consultations
Start Your Texas Will at Trust & Will →
Best if you want attorney access alongside your Texas will documents
Will plan from
$89
All Texas Documents
Attorney Network
Business Documents Available
LegalZoom is a solid option for Texas wills, particularly valuable if you have questions about your specific estate situation or business interests that you want to discuss with an attorney. Be mindful of upsells on top of the base price.
✅ Pros
- Attorney access subscription
- Handles business + personal needs
- Trusted brand recognition
❌ Cons
- Upsells inflate the cost
- Updates cost extra
- Less intuitive process
Visit LegalZoom →
Best for budget-conscious Texans who need a simple will quickly
Plan from
$9.95/mo
Very Low Cost
Texas-Specific Templates
Quick Completion
LawDepot is the most affordable option and produces valid Texas wills. Better suited for simple estates; may not address Texas community property nuances as thoroughly as Trust & Will.
✅ Pros
- Lowest cost option
- Fast to complete
- Texas-compliant documents
❌ Cons
- Subscription-based model
- Less guided experience
- Limited estate planning depth
Visit LawDepot →
How Much Does an Online Will Cost in Texas?
Texas estate planning attorneys tend to be more affordable than in coastal states, but online services still offer dramatic savings:
| Option | Cost | What's Included |
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| Trust & Will (Will Plan) | $199 | Will, POA, healthcare directive, free updates |
| Trust & Will (Trust Plan) | $399 | Living trust, pour-over will, all directives |
| LegalZoom (Basic Will) | $89–$179 | Will; directives sold separately |
| LawDepot | $9.95/mo | Will and basic documents |
| Texas Estate Attorney (Will) | $1,200–$2,500 | Custom documents with legal advice |
| Texas Attorney (Trust Package) | $2,000–$4,000 | Full trust + will package |
With Trust & Will, you save roughly $1,000–$2,300 compared to hiring a Texas estate planning attorney. For a straightforward estate with clear beneficiaries and standard assets, the online option is entirely appropriate.
Texas-Specific Considerations
Community Property in Texas
Texas is a community property state, meaning all assets acquired during a marriage are generally considered jointly owned 50/50 by both spouses. This has direct implications for your will: you can only leave your half of community property to beneficiaries. Your spouse's half is theirs automatically — your will cannot override this.
Separate property — assets owned before marriage, or received as a gift or inheritance during marriage — may be left to anyone. If you are unsure which of your assets are community vs. separate property, consulting a Texas attorney may be worthwhile.
Texas Probate: Independent Administration
Texas has a significant advantage over most states: independent administration. Texas Estates Code § 401.001 allows an executor to administer an estate largely without ongoing court supervision once the probate proceeding is initiated. This makes Texas probate faster, cheaper, and less burdensome than the supervised administration required in many other states.
Texas also has a simplified procedure called Muniment of Title, which allows a will to be admitted to probate without appointing an executor — useful when the only major asset is real estate with no outstanding debts.
No Texas State Estate Tax
Texas has no state estate tax. Only the federal estate tax applies, with a 2026 exemption of $13.61 million per person. The vast majority of Texans will owe no estate tax whatsoever.
Texas Homestead Exemption
Texas has one of the strongest homestead protection laws in the country. Your primary residence is protected from most creditors, and surviving spouses have strong homestead rights. While this doesn't eliminate the need for estate planning, it does provide some natural asset protection worth understanding.
Step-by-Step: How to Make a Will in Texas Online
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Choose your service Select Trust & Will, LegalZoom, or LawDepot. For most Texas residents, we recommend Trust & Will for its community property awareness and quality of documentation.
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Complete the questionnaire Answer questions about your assets, family situation, beneficiaries, and executor. For community property states like Texas, good services will distinguish between community and separate property. Takes about 20–40 minutes.
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Review and download your documents Review your generated will and the self-proving affidavit carefully before proceeding. Confirm all names, beneficiaries, and asset distributions are correct.
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Sign before two witnesses and a notary Print your will and sign it in the presence of two adult witnesses. Have all parties sign the self-proving affidavit before a notary public. This is optional but strongly recommended — it prevents witnesses from having to testify in probate court.
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Store and communicate Keep the original in a secure place (fireproof safe or safe deposit box). Give your executor a copy and tell them where the original is. Review and update your will after major life events — marriage, divorce, birth of children, significant change in assets.
Ready to Make Your Texas Will?
Trust & Will is our top pick for Texas residents — community property aware, includes self-proving affidavit, and free lifetime updates.
Start Your Texas Will at Trust & Will →
Frequently Asked Questions
Is an online will legal in Texas?
Yes. Online wills are fully legal in Texas under Texas Estates Code § 251.051 if they are in writing, signed by the testator (age 18+), and witnessed by two credible witnesses at least 14 years old. No notarization is required for validity, though a self-proving affidavit is strongly recommended.
How many witnesses does a Texas will require?
Texas requires two credible witnesses, each at least 14 years old, who sign the will in the testator's presence. It's best practice to use disinterested witnesses (non-beneficiaries) to avoid any potential challenges to the will.
Does a Texas will need to be notarized?
No — notarization is not required for validity. However, a self-proving affidavit signed before a notary under Texas Estates Code § 251.104 is highly recommended. It allows the will to be admitted to probate without witnesses needing to testify, saving time and cost.
Are holographic wills valid in Texas?
Yes, under Texas Estates Code § 251.052. A holographic will must be entirely in the testator's handwriting and signed by them. No witnesses are required. However, holographic wills are more easily contested and harder to prove. A properly witnessed online will is always the safer choice.
Is Texas a community property state?
Yes. Texas is a community property state. Assets acquired during marriage belong equally to both spouses. You can only leave your half of community property in your will. Separate property (owned before marriage, or received as gift/inheritance) is yours to leave to anyone.
How does Texas probate work?
Texas probate is relatively simple compared to most states. The independent administration system allows executors to manage the estate without ongoing court supervision. Texas also has a Muniment of Title option for simple estates. Most Texas probates take 6–12 months, significantly less than the California or New York process.
Does Texas have a state estate tax?
No. Texas has no state estate tax. Only the federal estate tax applies, with an exemption of $13.61 million per individual in 2026. The vast majority of Texans will never owe any estate tax.
How much does an online will cost in Texas?
Online will services for Texas residents cost approximately $89–$199 for a complete will package. Trust & Will's individual will plan is $199 and includes a power of attorney, healthcare directive, and free updates. This compares favorably to $1,200–$2,500 for a Texas estate planning attorney.