These samples are to be used as examples only. Neither this, nor the instructions attached, constitute legal
advice or the initiation of an attorney-client relationship.
These are examples of what you can copy to be a holographic will. They are provided without any
representations as to the appropriateness of the will for your particular situation. However, in most situations, it
will be better than having no will at all.
For your holographic will to be valid:
1) YOU MUST WRITE IT ALL IN YOUR NORMAL HANDWRITING – no one else can write any part
of it and no part of it can be typed, and
2) You should sign and date it at the end.
If you copy either sample below to make your holographic will, you should write your own information—
name, beneficiary (person getting your belongings), executor, date, signature—in the spots indicated with
underlined text. If you do not have minor or disabled children, then you can leave those lines out.
Sample 1
I,
Your Name
, declare that this is my will. I leave my entire estate to
my spouse/name of another
person
. I appoint
my spouse/name of another person
as independent executor of my estate, to serve
without bond. I appoint
my spouse/name of another person
as guardian of the persons and estates
of my minor children.
Date/month day, year Your regular signature
Sample 2 Last Will and Testament of
Your Name
I,
Your Name
, a resident of
Harris (or whatever county you live in)
County, Texas, revoke
all my prior wills and codicils and declare this to be my will.
If I am married and my spouse survives me, I give my entire estate to my spouse.
If I am not married or my spouse does not survive me, I give my entire estate to my
descendants who survive me, per stirpes.
If neither my spouse nor any descendant of mine survives me, I give my entire estate to
my heirs.
I appoint
my spouse
as independent executor of my estate. If I am not married or my
spouse is unable or unwilling to act, I appoint
name of person
as independent executor of my estate.
No action shall be required in any court other than the probating and recording of this will and
the return of an inventory and list of claims, if required. No bond shall be required of any
executor. Any executor shall have all of the powers granted to trustees under the Texas Trust
Code.
If appropriate, the executor may make distributions in any manner provided by law for
distributions for the benefit of minors or persons under any other legal disability, including the
Texas Uniform Transfers to Minors Act.
If my spouse does not survive me, I appoint
name of person
as guardian of the person of any
child of mine who is under a legal disability at the time of my death. If for any reason and at
any time
name of person
is unable or unwilling to act, I appoint
name of another person
as
guardian. No bond or other security shall be required of any guardian.
Date/month day, year Your regular signature