Texas: Personal Property Memorandum Requirements
The short answer
Texas has no general statute giving a will-referenced separate personal property memorandum the special effect covered by this survey; the complete current wills subtitle contains no such device. A binding gift or change instead belongs in a will or codicil that satisfies the applicable Texas will formalities. An attested instrument must be written, signed, and subscribed by two qualifying witnesses, while a will written wholly in the testator's handwriting does not require subscribing witnesses.
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This is the general rule in Texas. Ask about your specific facts and see which parts of current Texas law apply, with citations to the statutes.
| Governing law and device recognized | No general separate-writing device in current Estates Code subtitle F, chapters 251-258 |
|---|---|
| Will reference required | No special rule; a will reference alone does not activate a statutory memorandum device |
| Eligible property and exclusions | N/A No memorandum-specific property category, exclusion list, or value ceiling |
| Signature, handwriting, and date | No memorandum formality; use attested-will rules or a wholly handwritten holographic will (§§ 251.051-.052) |
| Item and devisee identification | No memorandum-specific certainty rule; binding dispositions belong in a will or codicil |
| Timing before or after the will | N/A No later-list statute permitting preparation before or after the will |
| Alteration, replacement, and conflict priority | No memorandum rule; execute a new will or codicil, and revocation writings need like formalities (§§ 253.001-.002) |
| Probate use, effect, and failure consequence | No independent statutory effect or memorandum filing route; ordinary will/codicil law applies |
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Texas uses a will or codicil instead
Texas Estates Code subtitle F is the complete current wills scheme. Its eight
chapters cover will requirements, custody, change and revocation, special will
provisions, construction, probate, muniment-of-title probate, and probate
notices. None creates the special will-referenced personal property writing
covered by this survey.
A Texan who wants a binding tangible-personal-property disposition therefore
uses the ordinary testamentary routes. Section 251.051 states that, unless
another law applies, a will must be written, signed, and attested by at least
two credible witnesses age 14 or older who sign in the testator's presence.
Section 251.052 removes the subscribing-witness requirement for a will “written
wholly in the testator's handwriting.”
For a later change, § 253.001 expressly recognizes execution of a new will or a
codicil. Section 253.002 also requires a later will, codicil, or written
declaration used to revoke a written devise to be executed with like
formalities. A separate typed list does not acquire the survey's special
statutory effect merely because it is stored with or mentioned by a will.
What trips people up
A wholly handwritten instrument and a personal property memorandum are not the
same legal device. Section 251.052 says a will written wholly in the testator's
handwriting needs no subscribing witnesses; it does not create an exception for
a printed form with handwritten entries or for a typed list that the testator
signs. Whether a particular handwritten document operates as a will or codicil
is a separate testamentary question.
Common questions
Can a Texas will mention a personal property list?
The current wills subtitle contains no special statute that gives the kind of
separate, later-prepared list covered here independent effect. Put binding
dispositions in a properly executed will or codicil rather than relying on the
reference alone.
Can a handwritten list work without witnesses?
Section 251.052 removes witnesses only for a will written wholly in the
testator's handwriting. A person considering that route should have Texas
estate-planning counsel determine whether the proposed instrument operates as a
will or codicil and coordinates with the existing will.
What formalities apply to a typed codicil?
The ordinary § 251.051 route requires a writing, the required testator or
directed signature, and two qualifying subscribing witnesses. Section 253.002
uses the same-formalities rule for a later written instrument that revokes a
clause or devise.
Statutes and sources
- Tex. Est. Code title 2, subtitle F, chapters 251-258 — complete current
wills scheme and chapter index, with no general personal-property-memorandum
section. Official Texas Legislative Council Estates Code PDF:
https://tcss.legis.texas.gov/resources/SDocs/ESTATESCODE.pdf (accessed
2026-08-11). - Tex. Est. Code §§ 251.051-.052 — written, signed, two-witness will route
and the wholly handwritten holographic exception. Official current chapter:
https://tcss.legis.texas.gov/resources/ES/htm/ES.251.htm (accessed
2026-08-11). - Tex. Est. Code §§ 253.001-.002 — new-will and codicil routes and like
formalities for a later written revocation. Official current chapter:
https://tcss.legis.texas.gov/resources/ES/htm/ES.253.htm (accessed
2026-08-11).
Source links
Every statute quoted above, linked, with the date we checked it.
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