Educational guide — not legal advice. Will-execution rules are state-specific and change over time. Confirm current requirements with a licensed Texas attorney before relying on them.
The short answer
No — a will does not have to be notarized in Texas to be valid. What Texas Estates Code §251.051 requires is the testator’s signature and two qualifying witnesses. Notarization enters Texas law at a different point, set out below.
Under Texas Estates Code §251.051, a valid typed (attested) will requires:
- A writing
- Your signature (or someone signing for you, at your direction and in your presence)
- Two credible witnesses, age 14 or older, who sign the will in your presence
Notarization is not on that list. A typed will signed by you and two qualifying witnesses is valid in Texas with no notary involved (Tex. Est. Code §251.051).
Handwritten wills need even less
Texas also recognizes holographic (handwritten) wills under §251.052. If a will is wholly in your own handwriting and signed by you, it’s valid with no witnesses and no notary. Texas is more permissive here than many states: §251.052 imposes no witness requirement at all. A holographic will must be wholly in the testator’s handwriting, so any typed or pre-printed material in the document takes it outside §251.052 and back under the attested-will requirements of §251.051.
The Texas twist: the self-proving affidavit (this one is notarized)
Here’s where Texas differs from a state like California. Texas uses a self-proving affidavit (Texas Estates Code §251.101–104), and that document is notarized.
A self-proving affidavit is a short statement, signed by you and your two witnesses in front of a notary, swearing that the will was properly executed. It gets attached to the will. What §251.102(a) provides:
- Under §251.102(a), a self-proved will may be admitted to probate without the testimony of any subscribing witnesses. Without the affidavit, the witnesses may be required to appear or give a deposition.
- The document notarized is the affidavit, not the will. See Probate Cost in Texas for the court costs that apply either way.
Stated precisely: the will itself does not require notarization under §251.051; the optional self-proving affidavit under §251.101 does.
Where a notary is and is not required
- For validity: no notary. §251.051 requires the testator’s signature and two credible witnesses aged 14 or older; §251.052 requires a wholly handwritten, signed document and nothing else.
- For the self-proving affidavit: a notary, because §251.104(b) requires the affidavit to be made by the testator and the attesting witnesses “before an officer authorized to administer oaths”, who “shall affix the officer’s official seal”.
A will without a self-proving affidavit is valid. The difference is procedural: §251.102(a) removes the need for subscribing-witness testimony only where the will is self-proved.
A notarized but unwitnessed typed will
A typed will signed before a notary, without two witnesses, is not valid in Texas. A notary’s acknowledgement is not one of the requirements §251.051 lists, and it does not substitute for the two witnesses that section requires.
A self-proving affidavit cannot be added to cure it. §251.103 allows only “a will that meets the requirements of Section 251.051” to be made self-proved, and §251.104(b) requires the affidavit to be made by the testator and by the attesting witnesses. A will with no attesting witnesses has nobody who can swear it. What the statute leaves available:
- Re-execution under §251.051 — signature before two credible witnesses at least 14 years of age, who subscribe their names in the testator’s presence. A self-proving affidavit may then be added, at that signing or later during the lifetime of the testator and the witnesses (§251.103).
- A holographic will under §251.052, wholly in the testator’s handwriting and signed, which requires no witnesses and no notary.
Re-execution carries no statutory fee. Texas law imposes no charge for signing or witnessing a will.
Who can witness a Texas will?
- Witnesses must be credible and at least 14 years of age (Tex. Est. Code §251.051).
- §251.051(3) requires the witnesses to “subscribe their names to the will in their own handwriting in the testator’s presence.”
Quick checklist for a valid Texas will
- [ ] In writing (typed, or fully handwritten for a holographic will)
- [ ] Signed by you
- [ ] Two credible witnesses (14+) sign in your presence — (not needed for a holographic will)
- [ ] Self-proving affidavit signed by you + witnesses before a notary — optional under §251.101
What about electronic and online wills in Texas?
What the statutes provide, as of 2026:
- §251.051 and §251.052 are written for a signed document, and Texas has adopted no electronic-wills act. The requirements set out above apply to a paper will signed in ink.
- Remote online notarization is available in Texas. The only notarized document in a Texas will is the self-proving affidavit, so that is the document it reaches; it does not reach the two witnesses §251.051 requires.
- An online will service produces a document that is not executed until it is printed, signed and witnessed under §251.051. The service’s output is a draft until that step is completed.
What the record shows
Texas does not require a will to be notarized. An attested will requires the testator’s signature and two credible witnesses at least 14 years of age who subscribe their names in the testator’s presence (Tex. Est. Code §251.051). A holographic will wholly in the testator’s handwriting requires no witnesses (§251.052). Notarization appears only in the optional self-proving affidavit, whose requirements are set by §251.104; §251.102(a) permits a self-proved will to be admitted to probate without the testimony of any subscribing witnesses. A notary’s acknowledgement does not substitute for the witnesses an attested will requires.
Common questions
Is a will valid in Texas without a notary?
Yes. A typed will signed before two witnesses (at least 14) under Tex. Est. Code §251.051, or a fully handwritten will signed by you, is valid with no notary. Notarization only matters for the optional self-proving affidavit.
What is a self-proving affidavit in Texas?
A notarized statement made by the testator and the attesting witnesses before an officer authorized to administer oaths (§251.104(b)). Under §251.102(a) a self-proved will may be admitted to probate without the testimony of any subscribing witnesses. It is optional.
Can I notarize my will instead of having witnesses?
No. A notary does not substitute for the two witnesses a typed Texas will requires under §251.051, and a notarized-but-unwitnessed typed will does not meet that section. The notarized self-proving affidavit under §251.101 is a separate, optional document.
Does a handwritten will need to be notarized in Texas?
No. A holographic will that’s entirely in your handwriting and signed needs neither witnesses nor a notary. (You can still add a self-proving affidavit for a handwritten will under §251.107.)
Related reading
- Do You Need a Lawyer to Make a Will in Texas?
- How Much Does a Living Trust Cost in Texas?
- Estate Planning in Texas: The Complete Guide
- Does a Will Have to Be Notarized in California? (compare)
- How to Write a Will (and What Makes It Valid)
Educational information only — not legal advice. Texas will-execution rules are set by statute and can change; confirm current requirements with a licensed Texas attorney before relying on them. Sources: Texas Estates Code §§251.051, 251.052, 251.101, 251.102, 251.103, 251.104, 251.107.