When it comes to executing a will in Texas, the statutory requirements are relatively straightforward—but the execution ceremony itself presents an opportunity to go beyond the bare minimum. For attorneys, tailoring the ceremony to fit the needs of the testator while adding layers of formality and clarity can help prevent confusion (or litigation) down the road.
Here’s a look at the key elements of a Texas will execution ceremony, along with some best practices and options to consider—especially around recording the ceremony, signing execution summaries, and preserving a record of what happened.
The Basics: Texas Requirements for Executing a Will
Under Texas Estates Code § 251.051, a will must be:
Texas does not require notarization unless the will includes a self-proving affidavit (which is strongly recommended). You can download our standard RomSum Will Execution Ceremony here. Beyond that, there’s plenty of room to customize the execution process.
Recording the execution ceremony—whether audio, video, or both—can offer persuasive evidence that the testator had capacity, acted freely, and executed the will properly. But it comes with pros and cons.
Certainly, a recorded ceremony can be powerful evidence in the face of future challenges. As they say, the camera never lies. If the ceremony is well-conducted, the video may demonstrate the clarity, seriousness, and understanding of the testator as well as make clear that the formalities were followed.
On the other hand, most clients are not members of the actors’/actresses’ guild and might present poorly on video. A future jury might misinterpret an awkward or nervous testator as confused or unwell on video, creating more questions than answers.
In practice, at Romano & Sumner, we find the presence of a camera a bit uncomfortable. Clients often feel intruded upon by the presence of a recording device. Given the other available options to shore up your estate planning, at Romano & Sumner, we typically opt out of recording our execution ceremonies.
If you are intent upon recording an execution ceremony, and the testator is articulate and confident, make sure you’ve discussed it with them in advance.
Should You Use an Execution Ceremony Statement?
Some attorneys choose to supplement the will with an Execution Ceremony Statement, signed by the attorney. This document isn’t required but can serve a useful purposes.
An Execution Ceremony statement signed by the attorney buttresses future testimony regarding the will execution ceremony and compliance with statutory requirements if required. If, as a standard practice, the attorney recites a particular formula (i.e. this is your will, you understand it, etc.), memorializing these statements in an Execution Ceremony statement provides contemporaneous, signed, concrete evidence of compliance with the required legal formalities. Thus, in the future, it will be easy for the attorney conducting the execution ceremony to testify that he always makes these statements at every ceremony and immediately after doing so signs off on the statement.
Prepare the testator. Review the will with them in advance and explain the ceremony to reduce anxiety.
Explain each step aloud. This reinforces the validity of the process and adds clarity for any observers.
Keep it calm and respectful. A thoughtful atmosphere helps everyone stay focused and confident.
Document for the file. Even if you don’t record or use a formal written summary, make contemporaneous notes about the execution for your records.
There’s no one-size-fits-all approach to a will execution ceremony in Texas. While meeting the statutory minimums is essential, adding thoughtful layers—like recordings, summaries, or signed statements—can offer clarity, protection, and peace of mind for everyone involved.
Whether you’re drafting for a simple estate or a complex plan with potential for future litigation, taking a few extra steps at the ceremony can make a world of difference.
Romano & Sumner, PLLC
