American Estate Planning Series
Texas Estate Planning
Clear explanations of wills, probate, trusts, and estate planning under Texas law.
Short videos, practical tools, and attorney guidance when you need it.
Start Here: Estate Planning Basics
If you are new to estate planning, start with these short videos explaining how estate planning works and why state law matters.
Do You Really Need a Trust? A Simple Decision Framework
This video explains how to think about the trust decision in a clear, practical way. A trust can be a powerful tool, but it isn’t automatically the right choice for every situation.
5 Estate Planning Mistakes Families Regret
A practical overview of five common estate planning mistakes that can lead to unnecessary delays, legal complications, and family stress.
What Happens If You Die Without an Estate Plan?
This video explains what typically happens when someone dies without an estate plan and how state law—not personal wishes—controls the outcome. It highlights why even a simple plan can spare families unnecessary delay and uncertainty.
A Simple Path to Texas Estate Planning
A simple, Texas-specific path to learning the basics, organizing your information, and working with an estate planning attorney when you are ready.
1. Learn the Basics
Short, clear explanations of Texas estate planning concepts.
2. Understand Texas Differences
Key Texas rules such as durable powers of attorney, transfer-on-death deeds, community property, and probate procedures.
3. Organize Your Information
Use tools like the Estate Planning Starter Workbook to organize assets, beneficiaries, and planning goals.
4. Get Professional Guidance
When you're ready, work with a Texas estate planning attorney to design a plan that fits your family and Texas law.
Choose Your Next Step
Whether you are just beginning to learn about estate planning or preparing to meet with an attorney, here are the best places to start.
Watch Videos - Start With the Basics
If you are new to estate planning, begin with Texas videos explaining wills, trusts, powers of attorney, and probate.
Download the Workbook - Get Organized First
Download the Estate Planning Workbook to gather your financial information and think through key planning decisions.
Read the Book - Read the Texas Guide
The Texas Estate Planning Book explains the planning process step-by-step and highlights important Texas-specific rules.
Find an Attorney - Work With an Attorney
When you are ready for legal advice or estate planning documents, connect with a Texas-licensed estate planning attorney.
What Makes Texas Estate Planning Different
Texas estate planning has its own rules, terminology, and planning considerations. Before choosing documents or working with an attorney, it helps to understand how Texas law approaches wills, trusts, powers of attorney, and probate.
Key Texas Estate Planning Concepts
Community property ownership between spouses
Independent administration of estates, which can simplify probate
Transfer-on-death deeds for real estate
Muniment of title probate for estates with a will and limited debts
Durable powers of attorney and medical directives
Watch an Introduction to Texas Estate Planning
Texas Estate Planning Videos
Short, clear explanations of Texas estate planning topics including wills, probate, community property, and trusts.
Texas Estate Planning Basics
Start with these short videos explaining the most important Texas estate planning concepts.
Texas Estate Planning: Start Here
Not sure where to begin with estate planning in Texas? This short video explains the basics, the core documents most families need, and how the Texas planning and signing process works.
Do You Need a Will in Texas?
Learn how Texas law determines who inherits your property if you don’t have a will—and why having one can make things easier for your family.
Texas Estate Plan Checklist: The 6 Core Documents Most Families Need
This video walks through the six core estate planning documents most Texas families need, including wills, trusts, financial powers of attorney, medical documents, and HIPAA authorizations. It’s a clear, practical checklist designed to help you understand how these documents work together under Texas law.
Texas Wills and Probate Explained
How Probate Works in Texas
Learn how probate works in Texas, what to expect with or without a will, and why planning ahead can make the process much easier for your family.
Do You Need a Will or a Trust in Texas?
Understanding the difference between a will and a trust in Texas requires knowing how Texas probate, beneficiary designations, and incapacity planning actually work. This video explains when a will may be enough, when a trust may add value, and how Texas-specific tools can shape an effective estate plan.
Texas Family and Property Issues
Community Property in Texas Explained
Learn how Texas community property rules affect ownership, inheritance, and why estate planning matters more than many people realize.
Texas Power of Attorney Explained (What Every Adult Needs to Know)
You’ll learn how a properly executed POA can help your family avoid guardianship, why the statutory form is widely accepted by banks and financial institutions, and how this document fits into a complete Texas estate plan.
Texas Trusts and Planning Strategies
The Texas Trust Mistake That Can Cost Your Family Hundreds of Thousands
Texas is a community property state, which means married couples can receive a full step-up in basis when one spouse dies. But many Texas couples are told to move their assets into a trust at the first death — and that can prevent those assets from receiving a second step-up in basis when the surviving spouse later dies.
Estate Planning Starter Workbook
A simple worksheet designed to help individuals and families organize the key information needed for estate planning.
Completing the workbook can help clarify planning goals, identify important assets, and prepare for conversations with an estate planning professional.
17-page fillable PDF
Download instantly — no email or signup required
The Estate Planning Starter Workbook is designed to help individuals and families begin organizing the information commonly needed for estate planning.
Completing the workbook can help clarify planning goals, identify important assets, and prepare for conversations with an estate planning professional.
This workbook may be helpful if you:
want to begin organizing your estate planning information
are thinking about creating or updating an estate plan
want to better understand your assets and beneficiaries
plan to meet with an estate planning attorney in the future
want to organize information for your family
What the workbook includes:
Personal and family information
Asset and property overview
Beneficiary designations
Planning goals and priorities
Notes and questions for future planning discussions
Many people find it helpful to complete the workbook before meeting with an estate planning attorney or beginning the planning process.
Texas Estate Planning Book
Estate Planning in Texas provides a clear, step-by-step explanation of Texas estate planning rules, common pitfalls, and planning options so you can understand how the law works before deciding your next step.
Written by Paul Rabalais, an estate planning attorney with more than 30 years of experience, the book explains wills, trusts, probate, community property rules, and other Texas-specific planning issues in a clear and accessible way..
Texas Contributing Attorney
Catherine Martinez
Texas-Licensed Estate Planning Attorney
Catherine Martinez has worked closely with Paul Rabalais for more than 16 years and has prepared thousands of wills, trusts, and related estate planning documents. Her work emphasizes practical guidance and clear, well-structured plans that help families implement estate planning with confidence.
Planning is virtual. Signings are completed locally using a notary and two witnesses.
Common Texas Estate Planning Questions
These are some of the most common questions people ask about estate planning and probate in Texas.
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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.
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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.
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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.
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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.
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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.
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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.