Do I Need a Will — and Can I Do It Myself?

One of the first things many people think when they hear “estate planning” is:

I probably need a will, but I don't know where to start.

The good news is that if your situation is fairly simple, Texas provides official will forms that were created specifically for people who want to prepare a basic will themselves.

You do not automatically need to hire an attorney just because you want to make a will.

However, everyone's situation is different, and there are circumstances where getting legal advice is the better choice.

Let's start by understanding exactly what a will does.

📝 What Is a Will?

A Last Will and Testament is a legal document that states how you want certain property and assets handled after your death.

A will can also allow you to name important people, including:

👤 An Executor — the person you want responsible for handling your estate.

👶 A Guardian — the person you want to care for minor children or certain incapacitated adult children, when applicable.

💰 A Custodian — someone who can manage property or money you leave to a person under a certain age.

🏠 Beneficiaries — the people or organizations you want to receive your property.

❓ Who Should Consider Having a Will?

Don't make the mistake of thinking:

“I don't have enough money to need a will.”

A will isn't only for wealthy people.

You should consider estate planning if you:

🏠 Own a home or other real estate

🚗 Own vehicles

💰 Have money or other assets

💍 Are married

👶 Have children

👨👩👧👦 Have children from a previous relationship

🏢 Own a business

💎 Have personal belongings you want specific people to receive

🐶 Have pets you want someone to care for

❤️ Have particular people you want to inherit from you

Even if you don't own much today, your financial situation can change over time.

⚠️ What Happens If I Don't Make a Will?

If you die without a valid will, you are generally considered to have died intestate.

Texas law—not your verbal wishes—then determines how property that is subject to intestate succession is distributed.

That is important because what the law provides may not be the same as what you would have chosen.

🟢 CAN I MAKE MY OWN WILL IN TEXAS?

YES — in some situations.

The Supreme Court of Texas provides official simple-will forms for Texans who want to prepare their own basic wills.

There are four primary versions:

1. Married + Have Children

2. Married + No Children

3. Single, Widowed or Divorced + Have Children

4. Single, Widowed or Divorced + No Children

The forms are also available in bilingual English/Spanish versions.

⭐ This is important:

If your situation fits one of these basic categories, don't assume that your first step has to be paying someone to create a will.

Start by looking at the official Texas form that applies to your situation.

🔴 WHEN SHOULD I CONSIDER AN ATTORNEY?

DIY does not mean DIY is appropriate for everyone.

Consider having an estate-planning attorney help you or at least review your documents if your situation is more complicated.

Examples can include:

⚠️ A blended family

⚠️ Children from previous relationships

⚠️ A family member with special needs

⚠️ Significant or complicated assets

⚠️ Multiple homes or properties

⚠️ Property in another state

⚠️ Business ownership

⚠️ Trusts

⚠️ Someone you intentionally don't want to inherit

⚠️ Family conflict that could result in the will being challenged

⚠️ You don't understand part of the form

⚠️ Your wishes don't fit the choices provided by the simple Texas form

A good rule to remember:

If you don't understand what a legal document is going to do, don't sign it just because you found a form online.

Get help first.

🟡 DOES MY WILL HAVE TO BE NOTARIZED?

This is where we need to distinguish between signing a will and making a will self-proved.

Texas has specific requirements concerning signatures and witnesses.

Texas law also provides a procedure that allows a will to be made self-proved, which involves additional formalities before an officer authorized to administer oaths, such as a notary.

Making a will self-proved can make proving the will during probate easier later.

🚨 Don't sign your will ahead of time.

Read all of the instructions that come with the official Texas form before signing anything.

The witnesses, signatures and any notarization need to be handled according to the instructions.

🔵 DO I FILE MY WILL WITH THE COURT NOW?

Creating a will is different from probating a will after someone dies.

Don't assume that because you created a will you should immediately file a probate case.

Instead, your original signed will should be kept somewhere secure where it can be located when needed.

Very important:

Your family or executor should know that you have a will and where the original is located.

A will that nobody can find can create an entirely different problem.

📋 BEFORE YOU START — COMPLETE THIS WORKSHEET

You don't have to complete your actual will right this second.

Start by getting your information together.

MY WILL PLANNING WORKSHEET

My Full Legal Name:

My Marital Status:

☐ Married
☐ Single
☐ Divorced
☐ Widowed

Spouse's Full Legal Name:

My Children

Name: ______________________________

Name: ______________________________

Name: ______________________________

Name: ______________________________

Who Do I Want to Handle My Estate?

First Choice for Executor:

Backup Executor:

My Property

Home/Real Estate:

Vehicles:

Bank Accounts:

Business Ownership:

Other Important Property:

People I Want to Receive Specific Property

Person: __________________________

What I Want Them to Receive:

Person: __________________________

What I Want Them to Receive:

Minor Children

Person I Would Want as Guardian:

Backup Choice:

Questions I Need Answered Before Completing My Will

📄 GET THE OFFICIAL TEXAS WILL FORM

Do not use my worksheet as your actual will.

The worksheet is simply designed to help you organize your information before you begin.

When you're ready, go directly to the Texas Judicial Branch website and choose the official will form that matches your situation.

➡️ GET OFFICIAL TEXAS WILL FORM

Read the instructions completely before filling out or signing the document.

✅ AFTER YOU COMPLETE YOUR WILL

Don't just complete it and forget about it.

Remember to:

☐ Follow all signing instructions carefully.

☐ Complete the witness requirements.

☐ Follow the instructions concerning self-proving/notarization if applicable.

☐ Keep the ORIGINAL completed will somewhere secure.

☐ Tell your executor or another trusted person where the original is located.

☐ Review your will after major life changes.

Major changes could include marriage, divorce, birth or adoption of a child, death of a beneficiary or executor, buying significant property, selling property, major financial changes or changes in family relationships.

🚨 ONE MORE IMPORTANT THING

Creating a will is only one part of protecting your estate.

Having a will does not necessarily mean everything you own will have to pass through your will.

Some property may transfer differently because of:

🏠 How real estate is titled

💰 Beneficiary designations

🏦 Payable-on-death arrangements

📈 Retirement account beneficiaries

🛡️ Life insurance beneficiaries

🤝 Survivorship arrangements

📄 Transfer on Death Deeds

That's why we're not stopping with the will.

🏠 ESTATE PLANNING HOME

PAGE 2: UNDERSTANDING PROBATE IN TEXAS →

⚖️ IMPORTANT DISCLAIMER

This resource is provided for general educational purposes only and is not legal, tax or financial advice.

The worksheets included here are organizational tools and are not legal documents.

Use official Texas forms when available and carefully follow the instructions accompanying those forms. Estate-planning needs vary considerably depending on family relationships, property ownership and individual circumstances.

When you have a complicated situation, don't understand a document, or aren't sure whether a form accomplishes what you intend, consider speaking with a licensed Texas attorney before signing it.