Estate planning in Texas comes down to a short set of documents that answer three questions: who receives your property, who handles your affairs if you can’t, and who makes medical decisions for you. For most families, that means a will, a statutory durable power of attorney, a medical power of attorney, a directive to physicians, and up-to-date beneficiary designations. This checklist walks you through the basics so you can get started with confidence.
Estate planning isn’t only for people with large estates. If you own a home, have a retirement account, or have children under 18, Texas law already has answers to these questions, and they may not be the answers you would choose.
Why estate planning matters for everyday Texans
A basic plan does four practical jobs.
It decides who inherits. Without a will, Texas intestacy law decides, and the results surprise many families. For example, if you’re married and have a child from a prior relationship, your half of the community property passes to your children, not your spouse. Our article on dying without a will in Texas walks through who inherits in each situation.
It plans for incapacity. If an accident or illness leaves you unable to manage money or make medical decisions, the right documents let people you trust step in without a court-supervised guardianship.
It protects your children. A parent can name a guardian for minor children in a will or a written declaration (Estates Code §1104.053), and the court will appoint that person unless there’s a legal reason not to.
It makes things easier for your family. A carefully drafted will can allow independent administration, which lets your executor settle the estate with less court supervision, and some assets can pass outside probate entirely.
The core Texas estate planning documents
Most Texas plans include some version of the following:
- Will. Names your beneficiaries, your executor, and a guardian for minor children. Any adult of sound mind can make one, as can a younger person who is married or serving in the military (Estates Code §251.001).
- Statutory durable power of attorney. Names an agent to handle finances and property. Texas provides a statutory form in Estates Code §752.051.
- Medical power of attorney. Names a health care agent who can act once your doctor certifies in writing that you can’t make your own decisions (Health and Safety Code §166.152).
- Directive to physicians. Often called a living will, it records your wishes about life-sustaining treatment (Health and Safety Code §166.033).
- HIPAA authorization. Lets doctors share your medical information with the people you choose.
- Declaration of guardian. Names who should serve as your guardian if a court ever needs to appoint one (Estates Code §1104.202).
- Appointment of an agent for disposition of remains. Names the person who makes funeral and burial decisions (Health and Safety Code §711.002).
Some families also need a revocable living trust or a transfer on death deed for the home. You can read how those tools fit into a complete plan on our page for Austin estate planning attorneys.
Your estate planning checklist
1. List what you own and owe
Write down your home and any other real estate, bank and investment accounts, retirement accounts, life insurance, vehicles, business interests, and major debts. Note how each one is titled and whether it has a named beneficiary. If you’re married, note whether each item is community or separate property, because your will controls only your half of the community property plus your separate property.
2. Decide who receives what
Think about specific gifts, such as a family heirloom or a vehicle, how the rest should be divided, and who the backups are if a beneficiary dies before you. If you have a blended family or a child with special needs, raise it early, because those situations often call for a trust.
3. Choose your people
Most plans name several people for different jobs: an executor for your will, an agent under your financial power of attorney, a health care agent, and a guardian for minor children. Choose people who are organized, trustworthy, and willing, and name at least one alternate for each role. The relative who is great with money isn’t always the right person to make medical decisions, and that’s fine. Different jobs can go to different people.
4. Check your beneficiary designations
Beneficiary designations usually override your will. Life insurance, 401(k)s, IRAs, and accounts with payable-on-death designations pass directly to the person named on the form, no matter what your will says. Review each one and make sure it matches the rest of your plan.
5. Sign everything the way Texas law requires
A document that isn’t executed properly may not work when your family needs it. A typed will must be signed and attested by at least two credible witnesses age 14 or older (Estates Code §251.051). Adding a self-proving affidavit signed before a notary means your witnesses usually won’t need to testify later. A will written entirely in your own handwriting can be valid without witnesses, but it often leaves gaps; our article on holographic wills in Texas explains the risks.
A durable power of attorney must be acknowledged before a notary (Estates Code §751.0021). A medical power of attorney and a directive to physicians need either two qualified witnesses or a notary (Health and Safety Code §§166.154 and 166.032).
6. Store your documents and tell people where they are
Keep originals somewhere safe but reachable, like a fireproof home safe. Give copies of your medical documents to your health care agent and your doctor; our guide to advance directives explains how those documents work together. Make sure your executor knows where to find the original will. In Texas, a will generally must be offered for probate within four years after death (Estates Code §256.003), and a missing original can create real problems.
7. Review your plan after big life changes
Marriage, divorce, a new child or grandchild, a move to or from Texas, an inheritance, or the death of someone named in your plan are all reasons to take another look. Divorce is especially important. Texas law generally revokes will provisions in favor of a former spouse (Estates Code §123.001) and ends a former spouse’s authority as your financial agent (§751.132), but updating your documents is far safer than relying on default rules.
Common misconceptions about estate planning
“I don’t have enough to need a plan.” Incapacity planning and naming a guardian for your children matter whatever the size of your estate.
“My spouse automatically gets everything.” Not always. It depends on whether you have children, whether they are also your spouse’s children, and whether the property is community or separate.
“Texas has an estate tax.” Texas has no state estate tax or inheritance tax. The federal estate tax applies only to very large estates.
“An online form is good enough.” Some forms work, but a form can’t spot that your beneficiary designations conflict with your will or that your blended family needs extra planning. A short review with an attorney often prevents expensive problems later.
Getting started
You don’t need every answer before you begin. Bring your list of assets, a few names for each role, and your questions. If you’d like help putting your plan together, Key Law Office’s estate planning lawyers can walk you through each document in plain English and make sure everything is signed the way Texas law requires.
Frequently asked questions
What documents do I need for a basic estate plan in Texas?
Most Texans start with a will, a statutory durable power of attorney, a medical power of attorney, a directive to physicians, and a HIPAA authorization. Parents of minor children should also name a guardian, and everyone should review their beneficiary designations.
What happens if I die without a will in Texas?
Texas intestacy law in Chapter 201 of the Estates Code decides who inherits. The result depends on whether you are married, whether you have children, and whether your children are also your spouse’s children, and it may not match what you would have chosen.
Does a Texas will need to be notarized?
No. A typed will must be signed and witnessed by two credible witnesses age 14 or older. A notary is used for the optional self-proving affidavit, which makes probate simpler because the witnesses usually won’t need to testify.
Can I write my own will by hand in Texas?
Yes. Texas accepts a will written wholly in your own handwriting without witnesses. These wills can be valid, but they often leave out important provisions and can be harder to prove, so they work better as a stopgap than a long-term plan.
How often should I update my estate plan?
Review it every three to five years and after any major life event, such as a marriage, divorce, birth, death in the family, or move to another state.