Will Requirements

• A valid will in Texas must meet three basic requirements: it must be written, signed by you and signed by at least two witnesses in your presence. You must have testamentary capacity to write the will and intend the document to control the disposition of your property when you die. No specific language is required. Testamentary capacity refers to your mental state at the time you draft the will. According to J. Michael Young, a Texas probate attorney, Texas laws define testamentary capacity as understanding the nature of your business and affairs, knowing that you are writing a will, understanding the nature and extent of your property and heirs and the ability to form reasonable judgments.
  
  

Witness Requirements

• You must find two witnesses who are older than 14 to witness you sign your will. Ideally, the witnesses should be "disinterested," meaning that neither witness receives any gift under the will. According to LawInfo.com, a legal information website, an interested witness does not invalidate the will, but it could affect whether the witness receives anything from your estate.
  
  

Holographic Wills

• A holographic will is a testamentary document written with the intent that it controls the disposition of your property when you die. It must be completely written in your handwriting and you must sign and date the document. Texas probate laws do not require witnesses for holographic wills.
  
  

Independent Executors

• Another consideration you must make is with regard to your executor. Executors handle the administrative duties of the estate, such as notifying heirs and distributing property and assets. Texas probate laws allow you to appoint an executor who is either independent or dependent. Independent executors may act without court oversight, which may save time and money on the administration of the estate. Dependent executors must work with the court; according to the Legal Hotline for Texas, dependent executors must receive court approval for "virtually every step in settling the estate."