Will Forms - Approved by the Supreme Court of Texas

This article explains the revised will forms recently approved by the Supreme Court of Texas on July 7, 2023.

The Supreme Court of Texas has approved and published will forms for single, widowed, married, or divorced individuals both with and without children. These forms will help you create a will regardless of your background or experience.

Page Sections

Note: If your situation changes after making your will (for example, you get married, divorced, or your family size changes), you should update your will. If you make any changes to your will after you sign it, those changes are not valid. If you want to change anything, you must tear up your will and start over with a new one.

What is a testator?

The testator is the person who makes the testament or will.

What is a beneficiary?

The beneficiary is the person, or people, selected to receive the real or personal property in a will.

What is a witness?

A witness is a person who is present when the testator executes (reads through and signs) their will. They must be at least 14 years old and not be a beneficiary of the will.

There must be two witnesses present. The witnesses will swear to the following:

• They are both at least 14 years old,
• You told them this is your will and you asked them to be witnesses,
• You signed your will in front of them when you were together with the notary at the same time,
• You are at least 18 years old, and
• You are of sound mind.

What is included in this form set?

Make sure that your situation applies to the will form you are completing.

The Supreme Court of Texas has created four different will forms for:

• A person who is single, widowed, or divorced who has children,
• A married person who has children,
• A person who is single, widowed, or divorced who does not have children, and

• A married person who does not have children

These will forms include sections for:

1. Identification of the testator, and the testator’s spouse and children (if applicable). If possible, list the names as they appear on legal documents.

1. Specific gifts that allow you to specify where you would like your home, household items, and other specific property to go.

1. The general bequest of your property, meaning that items not mentioned as “specific gifts” will pass through or go to the intended beneficiary.

1. Naming the Independent Executor, the person you choose to manage your estate after death.

1. Naming the Custodian who will manage any money or property you give to a child, grandchild, or other person under the age of 21 years old.

1. Choice of Guardian for a minor child or incapacitated adult (if applicable).

1. A statement applying Texas law.

1. Execution (the testator’s signature, witnesses’ signatures, and the notary’s signature).

Who should I select to be my witnesses?

To be valid, a will must be signed by the testator, two disinterested witnesses, and a certified notary public.

Disinterested witnesses are witnesses to the execution of the will who are not receiving property under the terms of the will.

What should I do after executing my will?

Make copies of your will and keep them in a safe place. In your will, you must name, or appoint, an independent executor and a guardian for your children (if applicable). Tell your chosen independent executor that you created a will and let them know where the will is located. Your will must be probated after you die to give your property to your children.

See the Next Steps page at the end of your Approved Will Form for more information on finalizing your will.

What is probate?

Probate is the process where a court hears evidence to validate a decedent’s death. The court will also verify the terms of the will and instruct the executor on those findings.

The general rule in Texas is that wills must be filed for probate within four (4) years from the date of death of the person who drafted the will.

Learn more about the probate process from the Texas Probate Passport published by the Texas Young Lawyers Association.

Where can I find help with my will?

This information and the forms provided by the Supreme Court of Texas are not a substitute for the legal advice and counsel of a lawyer. A lawyer is trained to protect your legal rights. Even if you decide to represent yourself, try to talk to a lawyer about your case before filing anything.

• Use our Legal Help Directory to search for a lawyer referral service, legal aid organization, or self-help center in your area.
• Check our Legal Events & Clinics page to learn if there is an upcoming free legal clinic near you.
• Use Ask a Question to chat online with a lawyer or law student.

Where can I find the approved will forms?

To access the forms approved by the Supreme Court of Texas, see the Related Forms section below.