Questions about Texas wills

Straight answers about making, signing, and keeping a will in Texas.

Is a will made online valid in Texas?

Yes, as long as it is signed correctly. Texas law cares about how a will is signed, not where it was typed. A will must be in writing, signed by you, and signed by two witnesses who are at least 14 years old, in your presence (Texas Estates Code §251.051). You will print your will and sign it on paper; your instructions walk you through each step.

Do I have to hire an attorney?

No. Texas does not require a lawyer to prepare a will. If you would like a licensed Texas attorney to review your answers and your will before you sign, choose attorney review at checkout, or add it later.

When should I talk with an attorney instead of using a form?

Consider personal legal advice if you have a large or complicated estate, a family business, property outside Texas, a beneficiary with special needs who receives government benefits, a blended family with specific plans for a spouse and children from an earlier relationship, or reason to think someone will contest your will. Attorney review is a good fit for many of these situations, and the attorney will tell you if you need more.

Do I need powers of attorney if I have a will?

Usually, yes. A will only takes effect when you die. A financial power of attorney and a medical power of attorney name the people who can act for you while you're living but can't handle things yourself — after an accident or illness, for example. Without them, your family may need to ask a court to appoint a guardian. A directive to physicians records your end-of-life wishes, and a HIPAA authorization lets your family talk to your doctors.

How do the bundle discount and attorney review work?

Each document has its own price. When you own two or more, you get a bundle discount on all of them — and documents you bought earlier count, so adding one later costs only the difference. Attorney review is one flat fee per order, whether the order has one document or five.

What is a self-proving affidavit?

It is a notarized statement, signed by you and your witnesses, that is attached to your will. With it, the probate court can accept your will without your witnesses having to testify (Texas Estates Code §251.102). Every will we prepare includes one.

How long does it take?

Most people finish the questions in 20 to 30 minutes. Your answers save as you go. Signing takes about 15 minutes once you have your witnesses and a notary together.

Can I see my will before I pay?

Yes. The review step shows your complete will as a draft. You pay only when you are ready to download it or send it for attorney review.

Where should I keep my signed will?

Keep the original somewhere safe that your executor can reach: a fireproof safe, your attorney's office, or on deposit with your county clerk. Texas lets you deposit your will, in a sealed and labeled envelope, with the clerk of the county where you live for a $5 fee (Texas Estates Code §§252.001–.002). Record the location in your account so you and your family know where it is.

Can I change my will later?

Yes. With a self-service will you can update your answers and download a new version at any time; the name of the person making the will stays the same. Any new version must be signed again with witnesses. Do not write changes on a signed will.

Does my will control my life insurance and retirement accounts?

Usually not. Life insurance, retirement accounts, and accounts with a payable-on-death or transfer-on-death beneficiary pass to the person named on the account. Check those beneficiary designations so they match your will.

Can my spouse and I make one will together?

Each spouse should have his or her own will. Many couples create two wills with matching plans. Start one will for each of you from your dashboard. If you both buy attorney review, the firm represents each of you in reviewing your own documents, and the attorney review agreement each of you accepts at checkout explains how the firm handles representing spouses, including what it may share between you.

Is my information private?

Your answers are stored in your password-protected account and are used only to prepare your documents. If you choose attorney review, the reviewing attorney and staff of the firm can see them. See our privacy policy.

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These answers are general information about Texas law, not legal advice about your situation, and are not a substitute for the advice of an attorney.