Are handwritten wills valid in Texas?
When it comes to estate planning, many Texans wonder if they can write down their final wishes on paper, sign it, and call it a day. This kind of document—a holographic will—is legal in Texas under certain conditions. But while it may seem simple, using a handwritten will can lead to complications, especially when it's time for your loved ones to probate your estate.
In this post, we'll explore a holographic will, what makes it valid in Texas, and why relying on one may not be the safest or most effective way to plan for the future.
What Is a Holographic Will?
A holographic will is entirely handwritten and signed by the testator (the person making the will). Unlike a traditional will, it does not need to be witnessed or notarized to be valid—so long as it meets the requirements set out in Texas law.
People often write holographic wills in emergencies or when they don't have access to a lawyer or notary, expressing final wishes through a scribbled note or a letter. While these may seem sincere, that doesn't always translate into legal effectiveness.
What Makes a Holographic Will Valid in Texas?
Under Texas Estates Code §251.052, a holographic will is valid if it is entirely in the testator's handwriting and signed. There are a few key things to keep in mind:
Entirely handwritten: The document must be written completely in the testator's handwriting. Typed documents with handwritten signatures do not qualify.
Signed by the testator: A valid holographic will must be signed by the person creating it.
Intent: The document must clearly show the testator's intent to distribute their property after death.
Unlike formal wills, probate does not require witnesses at the time it is made, but that doesn't mean it will be easy.
Risks and Pitfalls of Using a Holographic Will
Even though holographic wills are technically legal in Texas, they come with significant risks that can make probate more difficult, costly, and time-consuming. Here's what you (or your family) may be up against:
1. Missing Important Provisions
Most handwritten wills are made without legal guidance. As a result, they often fail to include key provisions—like naming an executor, waiving default bond requirements, or providing for alternate beneficiaries- leading to unnecessary court involvement and confusion.
Learn more about our Estate Planning Services.
2. Difficulty Proving Handwriting
Because holographic wills have no witnesses, the court will usually require evidence that the handwriting is genuinely the testator's, requiring sworn affidavits from family or handwriting experts. Without that, the court may refuse to admit the will to probate. It is crucial that you hire an experienced probate attorney to assist when it comes to probating a holographic will.
3. Additional Probate Requirements
Probating a handwritten will may require extra court steps, affidavits, or hearings. These additional hurdles can create delays and increase attorney's fees.
Residents in Bexar County, Comal County, or surrounding areas can reach out for tailored probate support.
4. Higher Risk of Loss or Destruction
Holographic wills are often kept at home—sometimes in drawers, books, or other personal belongings—which makes them more likely to be lost or thrown away. Under Texas law, if a will was last seen in the testator's possession and can't be found, the law presumes it was revoked.
Our office can help you prepare a secure, formal will that avoids these risks.
Should You Use a Holographic Will?
While Texas recognizes holographic wills, they are far from ideal. If you want to ensure your wishes are fulfilled and your family avoids costly disputes, it's best to work with an experienced estate planning attorney.
We'll help you:
Identify beneficiaries
Appoint a trusted executor
Avoid unnecessary delays in probate
Minimize legal disputes
Schedule a consultation with Whitney Thomas Law Firm to discuss how we can help you draft a clear and enforceable will.
Final Thoughts
A handwritten will might seem convenient, but it can create more problems than it solves. If you've already written one or you're thinking about it, contact us to review your plan and protect your loved ones. If a loved one has died and left their wishes in a handwritten will, we can help you with the probate process.
We're proud to serve clients in Bexar, Kendall, Comal, Guadalupe, Medina, and Wilson Counties.
Need help today? Call us at 210-920-5002 or email us to get started.
