Texas Estate Planning Guide
Estate planning in Texas is different from many other states. The documents you need, how they are signed, and how they work together depend on Texas law. This guide gives you a clear, practical overview so you understand what matters before filling out any legal forms.
Free Texas will and power of attorney forms are included with the book.
“A go-to reference for Texas estate planning.”
— Dallas Financial Advisor
Meet the Author / Contributing Attorney
This guide was prepared with guidance from Catherine Martinez, a Texas-licensed estate planning attorney with extensive experience helping families protect their assets and plan for the future. Ms. Martinez also contributed to our book, Estate Planning in Texas, providing insights into Texas-specific strategies like TODDs, community property planning, independent administration, and statutory forms.
What is a Will in Texas?
A will is a legal document that controls what happens to your property at death. In Texas, a will can name who receives your assets, who will serve as executor, and who will serve as guardian for minor children.
A properly drafted and signed Texas will allows your estate to be handled according to your wishes instead of Texas default rules.
A Texas will commonly addresses:
Who inherits your property
Who manages the estate (executor)
Guardianship for minor children
Distribution timing and conditions
Without a valid will, Texas law decides who receives your property.
What Is a Power of Attorney in Texas?
A power of attorney allows someone you trust to act on your behalf if you are unable to act for yourself. Texas has multiple types of powers of attorney, each serving a different purpose. Texas provides legally robust statutory forms for key estate planning decisions, including:
Financial Power of Attorney
A Texas financial power of attorney allows your chosen agent to manage financial matters such as banking, real estate, and bills. This document is commonly used during incapacity and avoids the need for court involvement.
Medical Power of Attorney
A Texas medical power of attorney allows someone to make healthcare decisions for you if you cannot communicate or make decisions yourself. This document works alongside HIPAA authorizations and other medical directives.
These forms are designed to be clear, enforceable, and recognized under Texas law.
When you purchase Estate Planning in Texas, you receive a free access code that unlocks downloadable versions of these statutory forms, making it easy to implement your plan.
“As a financial advisor, I’m careful about what resources I recommend to clients—and this book stands out.”
— Dallas Financial Advisor
What Happens If You Do Nothing?
When someone dies or becomes incapacitated without proper planning, Texas law controls the outcome. This often results in delays, additional costs, and outcomes that do not reflect personal wishes.
Common consequences include:
Court-supervised probate
Court-appointed guardians
Delays accessing funds
Family conflict and uncertainty
Understanding Probate in Texas
Probate is the legal process used to transfer property after death. Texas probate can be efficient when a proper will is in place, but it can become time-consuming and expensive without one.
Good planning can simplify or reduce probate involvement.
Do You Need a Living Trust in Texas?
A living trust is a legal arrangement that allows assets to be managed during life and transferred at death without probate. While not everyone needs a trust in Texas, it can be useful in certain situations.
Living trusts are often considered when:
You own property in multiple states
You want privacy
You want ongoing management for beneficiaries
You want to reduce court involvement
Special Considerations for Married Couples and Families
Estate planning becomes more important when you are married or have children. Texas community property rules, remarriage, and blended families can create outcomes that surprise people without proper planning.
Clear documents help protect spouses, children, and future generations.
Transferring Assets Without Probate
Texas allows several probate-avoidance strategies:
TODD deeds for real estate
VTR forms for motor vehicles
Beneficiary designations for bank accounts, retirement plans, and life insurance
These strategies can simplify estate administration and reduce time and costs.
Probate and Independent Administration
Texas law permits independent administration, allowing a trusted executor to manage probate with minimal court supervision. This can save time and expense for your family.
Taxes
Texas has no state estate or inheritance tax, simplifying planning for many families. Federal estate taxes may still apply for larger estates.
Getting Started
Even with Texas-specific tools, the basics of estate planning—such as naming guardians for minor children, creating powers of attorney, and establishing health care directives—remain essential. A comprehensive plan combines national best practices with Texas rules to protect your family and assets.
Recommended Resource: Estate Planning in Texas
Our book, Estate Planning in Texas, provides a detailed, practical guide to wills, trusts, TODDs, community property, statutory forms, and probate strategies. Written with contributions from Catherine Martinez, it helps Texans plan confidently.
The Texas Estate Planning book walks through these concepts in plain language and includes access to Texas-specific will and power of attorney forms. It is designed to help you understand the process and organize your planning.
Next Steps
Estate planning is not one-size-fits-all. Use this guide to understand the basics, then decide whether a do-it-yourself approach or working with an attorney is right for you.
If your situation is complex, personalized legal advice may be appropriate.