In Texas, wills are only valid if signed by two witnesses and the testator (the person making the will) in each other's presence. Notarizing the will is not necessary, but can provide an added level of authenticity that speeds up the probate process. This process is called making a "self-proving affidavit". Texas probate code allows a testator to name an executor to handle the details of paying debts, distributing property, and dealing with funeral arrangements, etc. This executor must be approved by a judge before he/she is permitted to administer the financial aspects of the probate process.

Texas recognizes the validity of handwritten wills if they can be proven to contain only the handwriting of the deceased. A person under the age of 18 can make a will if he/she is serving in the armed forces or is married. An oral will is permitted in some circumstances such as in the case of terminal illness when death is imminent. However, its terms apply only to the distribution of personal property.