Texas Estate Planning Resources

A will directs how your property should be distributed after death and usually requires probate. A revocable living trust can help certain assets pass outside probate and may simplify estate administration. Whether a trust makes sense depends on your assets, goals, and family situation.

When a person dies without a will, Texas law determines who inherits their property. This process is called intestate succession. The rules vary depending on whether the person was married, had children, or owned community property.

Yes. Texas is a community property state. In general, property acquired during marriage is owned jointly by both spouses. Community property rules can affect how assets pass at death and how estate plans are structured.

The length of probate varies depending on the estate and whether there are disputes. In many cases, probate administration may take several months to more than a year.

Certain assets may pass outside probate, including:

• assets held in a living trust
• life insurance with a named beneficiary
• retirement accounts with a beneficiary designation
• payable-on-death or transfer-on-death accounts
• some jointly owned property

In some cases, Texas law allows property transfers through tools such as a transfer-on-death deed. These options must be properly executed before death.

If you own property, have children, want to avoid probate, or have questions about how Texas law applies to your situation, it is usually helpful to consult with a Texas estate planning attorney to develop a plan tailored to your needs.