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Texas Estate Planning Guide
Does a Will Have to Be Notarized in Texas?
It's one of the most common questions about Texas wills — and the answer has two parts. The will itself, and the affidavit that goes with it, are treated differently. Here's the plain-English version.
By Rick Villarreal, Attorney · Licensed in Texas since 1996
No — a Texas will does not have to be notarized to be valid. What makes a typed will legal is your signature plus two witnesses, not a notary. But there's a second document that almost always goes with a will — the self-proving affidavit — and that does get notarized. Mixing up the two is where the confusion comes from.
1
The will itself: no notary required
A typed Texas will is valid when you sign it in front of two credible witnesses over 14 who sign in your presence. No notary needed for validity.
2
The self-proving affidavit: notarized
This is a separate sworn statement, signed by you and your witnesses before a notary, attached to the will. It's optional — but highly recommended.
3
Why the affidavit is worth it
With it, your will can be admitted to probate on its own. Without it, the formalities must be proven later through your witnesses — a burden that grows over time.
4
Handwritten wills are different
A fully handwritten (holographic) will needs neither witnesses nor a notary — but it can't carry a self-proving affidavit, so it's harder to probate.
The short version
Your will is valid without a notary. But you almost certainly want the self-proving affidavit, which is notarized, because it's what lets your family probate the will without hunting down your original witnesses years later. Nearly every properly prepared Texas will includes one.
Why people think a will must be notarized
Because the self-proving affidavit is so standard, the notary stamp shows up on most finished wills — so people assume the will itself requires it. It doesn't. The notarization is for the affidavit, which is the part that makes probate smoother, not the part that makes the will legal.
The takeaway
A valid will needs your signature and two witnesses. A probate-friendly will adds the notarized self-proving affidavit. An attorney-prepared will includes both by default, so you don't have to think about it.
Want your will done with the affidavit included?
A quick call is all it takes to get started. No obligation, always at no charge.
Getting it done right
Every flat-fee will here comes with a self-proving affidavit built in — properly executed and ready for probate. Most orders completed within one business day.
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.
Get a will that's ready for probate
Every flat-fee will here includes the self-proving affidavit, notarized and ready. 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.