10 Common Mistakes in DIY Texas Wills (And Why They Matter)

A plain-language article for Texas residents considering a do-it-yourself will Prepared by Prasla Law Firm PLLC · Greater Houston, Texas

The DIY will paradox

Online will services and fill-in-the-blank forms have made it easier than ever for Texas residents to prepare a will without hiring an attorney. For some people with simple circumstances, a well-executed DIY will is better than having no will at all. But Texas has specific execution requirements, specific rules for spouses and children, and specific probate procedures that DIY services often handle poorly or not at all.

The problem with DIY will mistakes is that they usually surface after the person who wrote the will is gone — when there is no way to fix them. Below are the mistakes we most commonly see when families bring us an existing DIY will to probate in Texas.

1. Improper execution — the signing went wrong

Under Texas law, a formal written will generally must be:

Signed by the testator (the person making the will) OR by another person in the testator's presence and at the testator's direction
Attested by two credible witnesses over the age of 14
Witnesses must sign in the testator's presence

DIY wills often go wrong at execution:

Only one witness signs
Witnesses sign outside the testator's presence
Witnesses are actual beneficiaries under the will (this can void the gift to that witness)
The testator signs but forgets to date the document
The "self-proving affidavit" is missing, making probate slower and more expensive

Why it matters: A will that does not meet Texas execution requirements may not be admitted to probate at all, and the estate may pass by Texas intestate succession — which may not match what the testator wanted.

2. No self-proving affidavit

Texas law allows a will to be "self-proved" by attaching a sworn affidavit from the testator and witnesses, signed before a notary. Without it, the witnesses themselves must testify to probate the will. If witnesses have moved, died, or cannot be located, probating the will becomes significantly harder and more expensive.

A self-proving affidavit is a small additional step at execution that saves families real time and money years later. DIY kits often skip it.

3. Missing or outdated beneficiary designations (the coordination problem)

A will does not control assets that pass by beneficiary designation or by operation of law:

Life insurance proceeds
Retirement accounts (401(k), IRA)
Transfer-on-death (TOD) investment accounts
Payable-on-death (POD) bank accounts
Property held as "joint tenants with right of survivorship" or "community property with right of survivorship"

A DIY will that carefully distributes "all of my property equally among my three children" does not override a 401(k) beneficiary designation naming an ex-spouse from 1998. We have seen this exact scenario more than once.

4. No independent executor designation

Texas allows a testator to name an independent executor who can administer the estate with minimal court supervision, significantly reducing the time and cost of probate. DIY wills frequently:

Fail to request independent administration
Nominate an executor but do not waive bond
Name an executor who lives out of state without providing a Texas-resident co-executor or resident agent

Why it matters: A dependent administration requires ongoing court approval for routine estate actions and can easily cost the estate thousands of additional dollars.

5. Nominating a single executor with no backup

If the named executor predeceases the testator, declines, or cannot serve, and the will names no alternate, the court appoints an administrator — possibly someone the testator would never have chosen. Always name at least one alternate executor. DIY forms often prompt for only a primary.

6. Guardianship provisions that do not actually help

Wills commonly nominate guardians for minor children. In Texas, however, a will nomination is a recommendation to the court, not a binding appointment. Without supporting information about why the proposed guardian is appropriate, and without companion documents like a Declaration of Guardian in Advance of Need (which can also address the testator's own potential incapacity), families are left to litigate.

DIY wills often include bare guardian names without the supporting structure.

7. Forgetting Texas community property rules

Texas is a community property state. A married person generally cannot give away the other spouse's half of community property in a will. DIY wills often attempt to distribute "all of my home" or "all of my bank account" without addressing:

Whether the asset is community property, separate property, or a mixture
The surviving spouse's rights in community property
The surviving spouse's homestead and constitutional rights in Texas

Why it matters: The DIY will can conflict with Texas law at probate, triggering disputes between the estate and the surviving spouse.

8. Failing to address digital assets

Photos in iCloud, email accounts, cryptocurrency, social-media accounts, online banking, and subscription services are all part of a modern estate. Texas has adopted rules giving fiduciaries access to digital assets when the will authorizes it, but DIY wills almost never address digital assets at all. Executors are then left to negotiate individually with each platform.

9. Treating the will as a one-time task

Life events that often require a will update:

Marriage or divorce
Birth or adoption of a child
Death of a named beneficiary or executor
Move to or from Texas
Significant change in assets (inheritance, sale of a business, new retirement accounts)
Change in relationships (estrangement, remarriage, blended family changes)

DIY tools rarely prompt users to revisit the document on these triggers. Stale wills can be as damaging as no will at all.

10. Skipping companion documents entirely

A Texas estate plan is usually not one document — it is a coordinated set:

Will
Statutory Durable Power of Attorney
Medical Power of Attorney
Directive to Physicians (Living Will / Advance Directive)
HIPAA authorization
Declaration of Guardian in Advance of Need
For some families, a revocable living trust

A DIY will alone leaves significant gaps. A Texas resident who becomes incapacitated without a power of attorney often ends up in court regardless of how carefully the will was drafted.

When DIY is clearly not enough

Certain circumstances make DIY wills particularly risky:

Blended family (children from prior relationships)
Non-citizen spouse
Business ownership
Real estate in multiple states
Assets exceeding federal or state estate tax thresholds (REQUIRES VERIFICATION — confirm current thresholds at irs.gov)
Anticipated disputes among heirs
Children with special needs or creditor concerns
Desire to leave assets in trust rather than outright
Blended assets of community and separate property
Minor children needing long-term guardianship planning

In these situations, the cost of getting it wrong substantially exceeds the cost of getting it right.

What to do if you already have a DIY will

Read it again carefully. Does it still reflect your wishes today?
Check execution. Two witnesses, their signatures, a self-proving affidavit, all dated?
Review beneficiary designations on every non-probate asset — retirement, life insurance, TOD/POD, joint accounts.
Confirm your named executor is still able and willing and that you have an alternate.
Consider whether companion documents are in place (powers of attorney, medical directives).
If anything gives you pause, talk to an attorney before it becomes your family's problem.

Next step

If you are thinking through a Texas estate plan for the first time, or you have a DIY will you would like reviewed, we can help. Our estate planning practice focuses on owner-operators, families with blended assets, and closely held business interests.

Schedule a consultation: 713-955-4045 · znp@praslalaw.com

The information in this article is for general educational purposes only and is not legal advice. Reading this article does not create an attorney-client relationship. Estate planning rules are fact-specific and change over time. For advice about your situation, consult a licensed attorney.

Prasla Law Firm PLLC · 800 Bonaventure Way, Suite 154, Sugar Land, Texas 77479

Attorney Advertising. Not Certified by the Texas Board of Legal Specialization. Prior results do not guarantee a similar outcome.