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Holographic Wills in Texas: Are They Legal in 2025?

If you’ve ever scribbled down who should get your stuff “just in case,” you’re not alone. But can that handwritten note actually count as a legal will in Texas?

Surprisingly, yes—Texas recognizes holographic wills (aka handwritten wills). But there are very specific rules to follow, and a lot of ways things can go sideways.

Let’s break down what you need to know if you’re considering—or contesting—a handwritten will.

What Is a Holographic Will?

A holographic will is:

• Written entirely in the testator’s own handwriting

• Signed by the testator (the person making the will)

• Created without witnesses

It’s the DIY version of estate planning—but it still carries legal weight in Texas.

Is It Legal in Texas?

Yes, holographic wills are legal in Texas under Texas Estates Code § 251.052. But they must meet two key criteria:

1. Entirely in the testator’s handwriting

2. Signed by the testator

Typed wills don’t qualify. If even part of the will is typed, it must meet the regular requirements of a witnessed will.

When Would You Use One?

People often create holographic wills when:

• They’re in an emergency or medical crisis

• They don’t have access to a lawyer

• They want to quickly express last wishes

But just because you can make a holographic will doesn’t mean you should.

Pros and Cons of Holographic Wills in Texas

✅ Pros:

• Quick and easy to create

• No lawyer or witnesses required

• Legally valid if done correctly

❌ Cons:

• Easy to contest in court

• Often unclear or incomplete

• Risk of omitting key assets or beneficiaries

• Can lead to family disputes or probate delays

Real-Life Example: A Will on a Napkin

In one Texas case, a man scribbled his final wishes on a napkin while in the hospital. It was signed and clearly stated who should get what.

After his passing, the court accepted the napkin as a valid holographic will—because it met all the legal requirements.

Lesson? Texas courts may accept even informal wills, but expect extra scrutiny.

How Are Holographic Wills Verified?

Since there are no witnesses, the probate court often requires:

• Handwriting verification (from family or experts)

• Testimony from people who knew the deceased

If there’s doubt about who wrote the will, it can delay probate—or result in the will being thrown out.

Better Alternatives to a Holographic Will

To avoid disputes, confusion, or delays, consider:

• A properly drafted and witnessed will

• A revocable living trust

• Beneficiary designations on key assets (like retirement accounts and life insurance)

Working with an estate planning attorney ensures your wishes are followed without costly court battles.

How The Lange Firm Can Help

At The Lange Firm, we:

• Draft clear, enforceable wills and trusts

• Review handwritten wills for legal validity

• Help families through probate and contested wills

Whether you’re planning ahead or dealing with a handwritten will after a loved one’s death, we’ve got your back.

Final Takeaway

Yes, a handwritten will is legal in Texas—but it’s risky.

If you want to protect your family, avoid confusion, and keep the courts out of your business, a formal will is the safer route.

Need help writing—or challenging—a will in Texas? Contact The Lange Firm today.