Requirements of a Valid Will

Is A Will Valid if the Testator signed the Will Several Days Before the Witnesses?

by Rania Combs

Section 251.051 of the Texas Estates Code sets forth the requirements of a valid Will in Texas. It provides that a last will and testament:

  1. must be in writing;
  2. signed by the testator in person (or another person on behalf of the testator in his presence and under his direction); and
  3. attested by two or more credible witnesses who sign the Will in their own handwriting in the presence of the testator.

Often, the testator and the witnesses sign the Will on the same day in each other’s presence. But what if the testator signed the Will several days before the Witnesses? Can the Will be valid?


There is nothing in the statute that requires the testator to sign in the presence of the witnesses. The testator can sign the Will earlier. However, the witnesses must sign in the testator’s presence.

Learn more about creating a Texas Will –>

About Rania

Rania graduated magna cum laude from South Texas College of Law Houston and is the founder of Rania Combs Law, PLLC. She has been licensed to practice law since 1994 and enjoys helping clients in Texas and North Carolina create estate plans that give them peace of mind.

Learn more about how we can help you.

Get Started

Your email address will not be published. Required fields are marked *