Q: Do handwritten wills in Texas need to be witnessed and notarized to be valid? We do own a home, if that matters

A: Texas Estates Code 251.052 makes an exception for handwritten (holographic) Wills. A handwritten Will need not be notarized. It must be completely written in the Will-maker's (testator's) own handwriting, dated, signed and witnessed (include dates of witnessing) by two people 14 or older who actually see the testator sign and whom the testator sees sign (even if through a window or from across the room or in a hallway adjoining the room) . The Will must describe the property to be given and name the people to whom it goes. To avoid a "partial intestacy" and the requirement of an heirship hearing, a Will should state to whom the property will pass if the people named die before the person who made the Will. This can be "my heirs at law" or a charity.

Because such a Will will not attach a Self-Proving Affidavit (which must be signed, witnessed and notarized), the witnesses or two people familiar with the signature of the person who made the Will must testify in court that it is genuine in order to prove (probate) the Will.

Please note that the Texas Office of Court Administration has ruled that during this public health crisis Wills and other probate documents can be notarized remotely (viewed by a notary with a remote notarization license by Skype, Zoom or other method and sent to the notary to notarize).

A: Texas does allow for a holographic Will. A holographic Will allows for the Will to be written "wholly in the testator's handwriting" and is not required to be attested by subscribing witnesses, but must be signed by the testator. Texas Estates Code Section 251.052. If you have a holographic Will then two disinterested witnesses are required to testify at court at the time of probating the Will to testify as to the decedent's handwriting.