Texas Probate Law: Wills, Inheritance and Name Change Rules in 2026

Last verified October 31, 2026 against current Texas statutes

Texas probate law covers what happens to a person’s property after death: whether a will is valid, who gets the estate, and how a court transfers it. A legal name change follows a separate court process under the Family Code, but people often look up both topics together. This page explains how to make a legal will, how a handwritten or online will holds up, who inherits when there is no will, how to change your name legally, and one real estate question that trips up many investors: whether wholesaling is legal.

Who can make a will	A person of sound mind who is 18 or older, is or has been married, or serves in the armed forces (Estates Code § 251.001)
Typed or printed will	Must be in writing, signed, and attested by two credible witnesses age 14 or older (§ 251.051)
Handwritten (holographic) will	Valid with no witnesses if written wholly in the testator’s handwriting (§ 251.052)
Deadline to probate a will	Four years from the date of death, with limited exceptions (§ 256.003)
Small estate affidavit limit	$75,000 in assets for a person who died without a will, not counting the homestead and exempt property (§ 205.001)
Adult name change	Petition in the county where you live, with fingerprints (Family Code §§ 45.101 to 45.103)
Wholesaling real estate	Legal with written disclosure of your equitable interest (Occupations Code § 1101.0045)

What makes a will legal in Texas?

A will is legal in Texas when the person who made it, called the testator, had the right to make one and followed the signing rules. Under Estates Code § 251.001, the testator must be of sound mind and either 18 or older, married now or in the past, or a member of the armed forces.

The signing rules are in § 251.051. The will must be in writing, signed by the testator (or by another person in the testator’s presence and at their direction), and attested by at least two credible witnesses who are 14 or older and who sign in their own handwriting in the testator’s presence. Most Texas lawyers also add a self-proving affidavit under § 251.1045. It lets the court accept the will without calling the witnesses to testify, which saves time after a death.

A will can be changed or revoked while the testator is alive and competent. A later will or a signed codicil that follows the same rules replaces the earlier terms.

Is a handwritten will legal in Texas?

Yes. A handwritten will, also called a holographic will, is legal in Texas if the testator wrote the whole document in their own handwriting and signed it. Estates Code § 251.052 says such a will does not need witnesses. A typed will with a handwritten signature does not qualify, and neither does a form with a few handwritten blanks. Those need two witnesses.

The risk comes after death. Without a self-proving affidavit, the court needs proof that the writing is the testator’s. Under § 256.154, that proof can be sworn testimony from two witnesses who know the handwriting. If nobody can confirm it, the will can fail and the estate passes as if there were no will. A handwritten will also tends to leave gaps, such as no named executor or unclear gifts, so a court fight is more likely.

Are do-it-yourself wills and online wills legal in Texas?

Yes, if the finished document meets the same rules as any other will. A printed form, a software program or an online will service is just a way to produce the text. The law looks at how the will was signed, not where the wording came from. For a typed document, that means the testator’s signature plus two witnesses who also sign, as § 251.051 requires.

The usual DIY failures are missing witnesses, witnesses who sign later outside the testator’s presence, and wording that does not match how the person actually owns property. Beneficiary forms on life insurance, retirement accounts and bank accounts with payable-on-death designations can also override what a will says. Check those forms when you update the will.

What are the inheritance laws in Texas if there is no will?

When someone dies without a valid will, the estate passes under the intestacy rules in Estates Code ch. 201. These rules decide who gets what. The answer depends on whether there is a surviving spouse and children, and on whether the property is separate or community property.

Family situation	Who inherits	Source
No spouse, children survive	Children and their descendants take everything	§ 201.001
No spouse, no children, both parents survive	Parents take equal shares	§ 201.001
No spouse, no children, one parent survives	Half to that parent, half to siblings and their descendants (all to the parent if there are none)	§ 201.001
Spouse and children, separate property	Spouse takes one-third of the personal property and a life estate in one-third of the land. Children take the rest	§ 201.002
Spouse, no children, separate property	Spouse takes all personal property and one-half of the land. The rest passes to the decedent’s parents, siblings and their descendants. If there are none, the spouse takes everything	§ 201.002
Spouse, children, community property	Spouse takes the whole community estate if the decedent left no children or every child is also the spouse’s. If the decedent had a child with someone else, the decedent’s one-half share passes to the children and the spouse keeps the other half	§ 201.003

Community property is what a married couple acquired during the marriage, other than gifts and inheritances. Separate property is what a spouse owned before marriage, plus gifts and inheritances. Most estates include both, so the table above often applies in layers. A surviving spouse’s homestead rights can add further protection that the table does not show.

How does the Texas probate process work?

Probate is the court process that proves a will, names someone to manage the estate, and passes property to the people entitled to it. It starts when someone files an application in the proper Texas court, usually in the county where the person lived. The court holds a hearing, finds the will valid and appoints the executor named in it. If there is no will, the court appoints an administrator instead.

Texas has several shortcuts. Which one fits depends on the size of the estate and its debts:

• Small estate affidavit. If the person died without a will and non-exempt assets are $75,000 or less, heirs can transfer property with a court-approved affidavit and no personal representative. At least 30 days must pass after the death first (§ 205.001).
• Muniment of title. If there is a valid will and no debts other than those secured by a lien on real estate, the court can admit the will only to serve as proof of ownership, without appointing an executor (§ 257.054). The application must be filed within four years of death.
• Full probate with letters testamentary. This is the standard route when an executor needs legal authority to pay debts, sell property or deal with banks.

The four-year deadline in § 256.003 is the one families miss most. A will generally cannot be admitted to probate after the fourth anniversary of the death unless the person offering it was not in default. A purchaser who bought from heirs in good faith without knowing about the will keeps good title.

How to legally change your name in Texas

An adult changes their name by filing a petition in the county where they live, as Family Code § 45.101 provides. The petition must be verified (sworn) and under § 45.102 it must state:

• your present name and residence, the name you want and the reason for the change;
• whether you have a final felony conviction and whether you must register as a sex offender;
• a complete set of fingerprints, along with identifiers such as date of birth, Social Security number and driver’s license numbers from the past 10 years.

If you have no final felony conviction and no sex offender registration, § 45.103 says the court shall order the change when it is in your interest or benefit and in the public interest. Fees depend on the county. You can ask the court to waive them by filing an inability-to-pay form.

A felony record does not always block a change. A court may grant one when at least two years have passed since the sentence or supervision ended, or after a pardon. People who must register as sex offenders must also show that they notified local law enforcement. A name change does not erase debts or legal duties tied to the old name (§ 45.104).

Name change after divorce

You can skip the separate petition. A person who asks in the divorce case to go back to a former name gets that name in the decree unless the court gives a reason for denying it, and the court cannot deny it just to keep family surnames the same (§ 45.105). See our guide to Texas divorce laws for the full process.

Is wholesaling real estate legal in Texas?

Yes, with a condition. Under Occupations Code § 1101.0045, a person can buy an option or contract interest and sell or assign it without a real estate license, as long as they do not use it to act as a broker and they disclose in writing the nature of their equitable interest to the seller and to any potential buyer. Selling or assigning the interest without that disclosure counts as real estate brokerage, which needs a license.

The statute took effect September 1, 2017, and lawmakers amended it effective January 1, 2024. In practice, wholesalers should say in the contract and in any marketing that they hold a contract right, not the property itself. Selling the contract right is different from marketing a property you do not control as if you were the owner. The Texas Real Estate Commission regulates licensed brokers and handles brokerage complaints.

Local rules in Austin, Dallas, Houston and San Antonio

Probate and name change law is statewide, but the court you use depends on your county. Large counties including Harris (Houston), Dallas, Bexar (San Antonio) and Travis (Austin) have statutory probate courts that hear estate cases. Other counties handle estate cases in their county courts or county courts at law. A name change petition goes to the court in the county where you live, so an Austin resident files in Travis County and a San Antonio resident files in Bexar County. Local clerks set their own filing fees and may have their own forms, so check the clerk’s website before you file.

Real situations: how Texas probate law plays out

A father dies with a handwritten note and no witnesses

If the note is written entirely in his handwriting, signed and clearly meant to be his will, it can qualify as a holographic will. The family would still need two people who recognize his handwriting to prove it in court.

A couple owns a home and has children from a first marriage

If one spouse dies without a will and has a child from an earlier relationship, the surviving spouse does not take all the community property. The decedent’s half goes to the children, and the spouse keeps the spouse’s own half. A will can change that result, which is why blended families usually need one.

A parent died five years ago and a will turns up

The four-year deadline has passed. The will can only be admitted if the person offering it shows they were not in default in presenting it. Talk to a Texas probate attorney quickly, because delay makes the showing harder.

Timeline: key dates for Texas wills and wholesaling

Date	Event
January 1, 2014	The Estates Code, including § 251.051 and § 251.052, took effect (§ 251.001 was later amended effective September 1, 2017)
September 1, 2017	Occupations Code § 1101.0045 on equitable interests took effect
January 1, 2024	SB 1577 amendment to § 1101.0045 took effect
Today	Two witnesses for typed wills, no witnesses for fully handwritten wills, and a four-year probate deadline

Myths vs. facts about Texas wills and inheritance

Myth	Fact
“A will must be notarized to be valid.”	Notarization is not required. A typed will needs two witnesses. A notary is used for the optional self-proving affidavit.
“A handwritten will is never valid.”	A will written wholly in the testator’s handwriting is valid without witnesses.
“A spouse always inherits everything.”	Not always. Children, separate property and children from other relationships change the split.
“There is no time limit to probate a will.”	The general limit is four years from the date of death.
“You need a lawyer to change your name.”	No law requires a lawyer, but the petition must be sworn and include fingerprints.
“Wholesaling is illegal in Texas.”	It is legal when the equitable interest is disclosed in writing and the seller does not act as an unlicensed broker.

Handwritten wills compared with neighboring states

State	Fully handwritten will valid without witnesses?
Texas	Yes
Oklahoma	Yes, if entirely handwritten, dated and signed
Louisiana	Yes, if entirely handwritten, dated and signed (called an olographic will)
Arkansas	Yes, proved by disinterested witnesses to the handwriting
New Mexico	No. A will needs witnesses

Frequently asked questions

What makes a will legal in Texas?

The maker must be of sound mind and 18 or older, married or formerly married, or in the armed forces. The will must be in writing, signed, and witnessed by two people age 14 or older, unless it is wholly handwritten by the maker. A self-proving affidavit is optional but helpful.

Is a handwritten will legal in Texas?

Yes. A will written entirely in your own handwriting and signed by you is valid without witnesses under Estates Code § 251.052. After death, two witnesses to your handwriting usually must prove it in court, so a clear and signed document matters.

Are online wills legal in Texas?

Yes, if the finished will meets the same rules as any other. A typed will still needs your signature and two witnesses age 14 or older who sign in your presence. The software or website that wrote the text does not make the will valid or invalid.

What are the inheritance laws in Texas without a will?

Estates Code chapter 201 sets the order. Children usually inherit when there is no spouse. A spouse’s share depends on whether the property is community or separate and whether the children are also the spouse’s. Parents and siblings come next if there are no children.

How long do you have to probate a will in Texas?

Four years from the date of death in most cases. After that, the court can admit the will only if the person offering it shows they were not in default in presenting it. Filing early avoids that problem and speeds up access to property.

How do I legally change my name in Texas?

File a verified petition in the county where you live, with a full set of fingerprints and the required identifying details. If you have no final felony conviction or sex offender registration, the court orders the change when it benefits you and the public. After a divorce, you can ask for a former name in the decree.

Is wholesaling real estate legal in Texas?

Yes, if you disclose your equitable interest in writing to the seller and any potential buyer and you are not acting as an unlicensed broker. Skipping the disclosure counts as brokerage under Occupations Code § 1101.0045. Check your contract wording before you market a deal.

If this affects you: for a probate filing, contact the clerk of the county or probate court that serves the county where the person lived. For a will, an estate dispute or a late probate, speak with a Texas-licensed probate attorney. For a name change, start with the clerk’s office in the county where you live. For a real estate license question, contact the Texas Real Estate Commission. This guide is general legal information, not advice for your situation. Related reading: common law marriage in Texas and legal guardianship for adults with disabilities. Browse more in our marriage and family guides, read how we research every guide in our editorial policy, or report an error.