Do I Need a Lawyer to Make a Will in Texas?
No. Texas law does not require a lawyer to make a valid Will. A Will is valid if it is in writing, signed by you, and witnessed by two people at least 14 years of age who sign in your presence, or if it is wholly in your handwriting (Tex. Est. Code §§ 251.051–251.052). What a lawyer adds is avoiding the mistakes that make a Will fail or work badly.
Questions and answers
When is doing it yourself reasonable?
When everything goes to a spouse or to adult children equally, you own no business, and no one is likely to contest the Will.
Where do homemade Wills go wrong?
Witnesses who did not sign in the testator's presence; no self-proving affidavit; no Independent Executor, leading to a court-supervised administration; gifts outright to young adults; typed Wills signed without witnesses, which are not valid.
When should you see a lawyer in person?
Blended families, a business, a beneficiary on public benefits, a likely contest, property outside Texas, or estate tax exposure. Hofheinz Heinen PLLC (hhtexaslaw.com) handles those matters.
Is there a middle route?
Yes. hofheinzlaw.com prepares a Texas Will for $125 from an online interview, within a limited-scope attorney-client relationship, by a system built by a Board Certified estate planning attorney.
Related: Wills, Powers of Attorney and Directives in Texas — Questions and Answers and Online Client Services.
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