Texas vs. California: What’s Different About Writing a Will?

If you’re planning your estate, it’s important to know that Will requirements vary by state. While Texas and California share many similarities, there are a few key differences that could impact how you write and sign your Will. Here’s what you need to know.

Basic Requirements (Both States)

In both Texas and California, you must

Be at least 18 years old (or married/serving in the military in Texas).
Be of sound mind (understanding what a Will is, what you own, and who your beneficiaries are).
Put your Will in writing.
Sign it yourself (or direct someone to sign it in your presence).

Witness Rules

Texas: Requires two credible witnesses, age 14 or older, for a typed Will.
California: Requires two adult witnesses who are not beneficiaries.

Why this matters: Texas law allows witnesses as young as 14, but in California, witnesses must be legal adults. Both states recommend avoiding beneficiary witnesses to prevent challenges.

Handwritten (Holographic) Wills

Texas: Recognizes handwritten Wills if the entire document is written and signed by you. No witnesses required.
California: Also recognizes handwritten Wills if the “material portions” are in your handwriting and you sign them. No witnesses required.
Why this matters: Both states allow holographic Wills, but they’re more prone to disputes. A typed, witnessed Will is usually safer.

Oral (Nuncupative) Wills

Texas: Rarely valid, allowed only under very limited circumstances (like during a final illness).
California: Does not recognize oral Wills.

Why this matters: If you want your wishes honored in California, you need them in writing.

Storage & Updates

Both states encourage you to:

Store your Will in a safe but accessible location.
Let your executor know where the original copy is.
Review and update your Will after major life changes (marriage, divorce, new children, or property changes).

Final Thoughts

While Texas and California share many rules for making a Will, their differences—especially around witness requirements and oral Wills are worth noting. If you move between states, it’s a good idea to review your Will to make sure it complies with your new state’s laws. Doing so can help ensure your wishes are carried out smoothly, no matter where you live.