Law Firm of Rick Villarreal — Texas estate planning since 1996
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Texas Estate Planning Guide
Do I Need a Lawyer to Write a Will in Texas?
The short answer is no — Texas law doesn't require it. But whether you should is a different question, and it comes down to what happens at probate. Here's a straight look at both sides.
By Rick Villarreal, Attorney · Licensed in Texas since 1996
No — Texas does not require you to hire an attorney to make a will. You can write your own, use an online service, or even fill out a handwritten (holographic) will, and it can be perfectly valid. So the real question isn't whether you're allowed to go it alone. It's whether it's the right call for your situation.
When a do-it-yourself will can work
For some people, a simple self-prepared will is enough. You're a reasonable candidate if:
- Your wishes are simple — everything to a spouse, or split evenly among your children.
- Your estate is straightforward — no business, no out-of-state property, no complicated assets.
- Your family situation is uncomplicated — no blended family, no estranged relatives, no one likely to contest.
- You're comfortable getting the signing formalities exactly right on your own.
If that's you, a valid will is well within reach without a lawyer. The catch is that last point — the formalities are where most self-prepared wills run into trouble.
Where self-prepared wills go wrong
The problem with a will is that no one finds out it was defective until the person is gone — and by then it can't be fixed. These are the issues that surface at probate:
1
Execution mistakes
The will is signed or witnessed incorrectly — wrong number of witnesses, a beneficiary used as a witness, or signatures out of order. Any of these can sink an otherwise good will.
2
Ambiguous language
Everyday wording that seems clear can be read two ways by a court. Vague phrasing is one of the most common sources of family disputes during probate.
3
Missing provisions
No alternate executor, no guardian named for minor children, no plan for what happens if a beneficiary dies first. Gaps like these force the court — not you — to decide.
4
No self-proving affidavit
Without it, the will's formalities have to be proven at probate through your original witnesses or two disinterested witnesses — a burden that grows harder as years pass.
None of these show up when you sign the will. They show up years later, when your family is already grieving and it's too late to correct anything.
Not sure which side of the line you're on?
A quick phone call will tell you whether your situation is simple enough to handle on your own — or worth having prepared. No obligation, always at no charge.
What a lawyer adds
An attorney-prepared will isn't just typed for you — it's drafted to say exactly what you mean, executed correctly, and built to move through probate without friction. That means the language is precise, the signing is done right, a self-proving affidavit is included, and the provisions most people forget are already in place.
The value isn't in the paper. It's in what your family avoids later: the delays, the disputes, and the cost of untangling a will that didn't quite work.
When you should talk to a lawyer
Some situations tip the scale toward professional help regardless of budget. Consider an attorney if you have a blended family or stepchildren, own a business or real estate, want to set conditions on an inheritance, have a beneficiary with special needs, or think anyone might contest your wishes. These are exactly the cases where a DIY form is most likely to fall short.
A middle path most people don't know about
Working with an attorney doesn't have to mean high hourly fees. At MyTexasWills.com every document is prepared at a flat fee — often a modest step up from a do-it-yourself service, with the drafting and formalities handled for you.
The bottom line
You don't need a lawyer to make a valid will in Texas. But a will only matters if it works when it's finally needed — and that's the one moment you won't be around to fix it. For many people, having it prepared correctly, once, at a fair flat fee, is the difference that protects everyone they leave behind.
This article is general information about Texas law, not legal advice, and does not create an attorney-client relationship. Every situation is different — for advice about your own will, speak with a licensed Texas attorney.
Have it prepared once, and done right
Flat-fee, attorney-prepared documents — often a modest step up from doing it yourself, with the drafting and formalities handled for you. Most orders completed within one business day.
(713) 588-5914Rick Villarreal, Attorney — Texas Estate Planning
(713) 588-5914 • [email protected] • MyTexasWills.com
State Bar of Texas since 1996 • Consultations are always at no charge.
State Bar of Texas since 1996 • Consultations are always at no charge.