⸺ On this page
1. Why Texas estate planning is different
2. The five documents most Texans need
3. What we handle
4. What happens if you don’t have a plan
5. Do you need a trust, or just a will?
6. How the process works
7. Frequently asked questions
Why Texas estate planning is different
Estate planning advice on the internet is written for the whole country, and most of it assumes your state’s probate system is slow, public, and expensive. Texas is not that state.
Texas allows independent administration (Texas Estates Code Chapter 401), where the executor is appointed by the court and then largely left alone to settle the estate without ongoing court supervision. No court approval for each sale. No formal accountings in most cases. Compared to states with supervised administration, a Texas probate is dramatically cheaper and faster.
That single fact changes the advice. In California, a living trust is close to standard for a homeowner. In Texas, a will that names an independent executor and waives bond accomplishes most of what people are hoping a trust will do, at a fraction of the cost.
Three other Texas-specific rules shape almost every plan we build:
- Community property. Texas is a community property state. Property acquired during marriage is generally community property; property owned before marriage, or received by gift or inheritance, is generally separate. A will that ignores the distinction creates confusion at exactly the wrong moment.
- Homestead protection. The Texas homestead is protected from most creditors, and that protection can survive being placed in a properly drafted trust under Texas Property Code § 41.0021.
- No state death tax. Texas imposes neither an estate tax nor an inheritance tax, so Texas planning is about control, clarity, and probate efficiency — not tax avoidance, for the vast majority of families.
Federal estate tax, 2026
The federal basic exclusion amount is $15 million per individual for gifts made and deaths occurring in 2026, made permanent and indexed for inflation by the One Big Beautiful Bill Act. The annual gift tax exclusion remains $19,000 per recipient in 2026.
The five documents most Texans need
Nearly every plan we build starts with the same core.
| Document | What it does | When it works |
| Last Will and Testament | Names who inherits, who raises your minor children, and who serves as independent executor | At death, through probate |
| Statutory Durable Power of Attorney | Lets someone you choose handle money, property, and business if you cannot | While you are alive |
| Medical Power of Attorney | Names your health care agent | While you are alive, if you cannot decide |
| Directive to Physicians | States your wishes about life-sustaining treatment (the “living will”) | End-of-life situations |
| HIPAA Authorization | Lets your people actually get information from your doctors | Any medical situation |
The one people skip. Powers of attorney matter more than most people think. A will does nothing while you are alive. If you have a stroke and no durable power of attorney, your family has to open a court guardianship to pay your mortgage — a proceeding that costs far more than the document would have.
Depending on your situation we frequently add a declaration of guardian in advance of need, a declaration of appointment of guardian for a minor child, a transfer on death deed or lady bird deed for the homestead, beneficiary designation review for retirement accounts and life insurance, and where appropriate, one or more trusts.
What we handle
- Wills— Texas-compliant wills with independent administration language, self-proving affidavits, and guardian nominations for minor children.
- Trusts— testamentary trusts, revocable and irrevocable trusts, minor’s trusts, and trusts built to protect a beneficiary from themselves or from a divorce.
- Revocable living trusts— including an honest conversation about whether you actually need one in Texas.
- Lady bird deeds and transfer on death deeds— passing the house directly to your heirs without probate on that parcel.
- Special needs trusts— leaving money to a loved one with a disability without costing them SSI or Medicaid.
- Powers of attorney and advance directives— the incapacity half of the plan, which is the half most people are missing.
- Business succession planning— coordinating your company documents with your estate plan so one does not contradict the other.
- Plan reviews and updates— after a marriage, a divorce, a birth, a death, a move to Texas, or a significant change in assets.
What happens if you don't have a plan?
Dying without a will in Texas is called dying intestate. The Texas Estates Code then writes your will for you, and it uses rules that surprise almost everyone.
A common example: a married person with children from a prior relationship dies without a will. Many people assume the surviving spouse inherits everything.
HOWEVER, under Texas intestacy, the decedent’s one-half share of the community property passes to the children, not the spouse. The surviving spouse can end up owning a house jointly with stepchildren.
Other consequences of no plan:
- The court decides who raises your minor children, without your nomination to guide it.
- An unmarried partner inherits nothing, regardless of how long you were together.
- The estate may require a dependent administration, with court supervision, bond, and far higher cost.
- Heirs must often be proved through a formal heirship proceeding, with an attorney ad litem appointed and paid from the estate.
If you are already in this situation because someone has passed, that is a probate question, and we handle those too.
Do you need a trust, or just a will?
This is the question we get most, and the honest answer for most Texas families is: a will, done properly, is enough. Here is how we sort it.
| Your situation | Usually a will | Consider a trust |
| Texas home, Texas accounts, adult beneficiaries | Yes | Rarely needed |
| Real property in another state | Not enough | Yes — avoids ancillary probate |
| You want the terms kept private | Wills become public record | Yes |
| Beneficiary with a disability | Will with a trust inside it | Special needs trust |
| Blended family | Sometimes | Often |
| Minor children | Will with a minor’s trust | Either works |
| Beneficiary with creditor, addiction, or divorce risk | Outright gifts are exposed | Yes |
| You want to plan for your own incapacity | A will does nothing here | Trust or durable POA |
What we will tell you. If a trust does not buy you anything, we will say so on the consult.
Selling a Texas family a living trust they do not need is one of the more common things that happens in this industry, and it is not how this firm works.
How the process works
01
15-minute consult
Tell us what you own, who depends on you, and what worries you. We tell you what you need — and what you don’t.
02
Design and draft
Scope and pricing agreed before we start. Ask whether flat-fee pricing is right for your matter. We draft, then walk you through every provision.
03
Signing appointment
Texas requires two witnesses in your physical presence, plus a notary for the self-proving affidavit. We host it and handle the formalities.
Most estate plans finish in several weeks. You leave with signed originals, guidance on where to keep them, and instructions for the people who will need them.
Frequently asked questions
Does everyone in Texas need an estate plan?
Everyone who owns anything or has anyone depending on them needs at least the core documents. If you die without a will in Texas, the Estates Code decides who inherits, and the answer is frequently not what people expect — especially in blended families, for unmarried partners, and where community property and separate property mix.
What differs is scale. A single adult with a car and a bank account needs a will, a durable power of attorney, and medical directives. A couple with a house, minor children, and a small business needs considerably more.
What documents make up a basic Texas estate plan?
For most Texas adults, the core set is five documents: a last will and testament, a statutory durable power of attorney, a medical power of attorney, a directive to physicians (living will), and a HIPAA authorization. Many people add a declaration of guardian in advance of need, and a transfer on death deed or lady bird deed for the house.
Is there an estate tax in Texas?
No. Texas has no state estate tax and no state inheritance tax. Federal estate tax applies only above the federal exclusion, which is $15 million per person for 2026 under the One Big Beautiful Bill Act, indexed for inflation going forward. The overwhelming majority of Texas estates owe no estate tax at all.
Do I need a living trust to avoid probate in Texas?
Usually not. Texas independent administration is one of the least expensive and least court-supervised forms of probate in the country, which is why living trusts are less essential here than in states like California. Trusts still make sense for specific reasons — real property in another state, privacy, incapacity planning, blended families, or a beneficiary who needs protection.
How long does it take to get an estate plan done?
Several weeks for most families. Typically that is one meeting to design the plan, a drafting period, and a signing appointment. Texas requires wills to be signed in the physical presence of two witnesses, so the signing happens in person even when the earlier meetings are by video.
Can I write my own will in Texas?
Texas does recognize a holographic will — one written entirely in your own handwriting and signed by you, with no witnesses required. It is legal, and it is also the single most common source of the will contests we see. Handwritten wills routinely fail on ambiguity, omitted property, no named executor, and no independent administration language, which turns a simple probate into an expensive one.
Written and reviewed by Jireh Davis, J.D., MBA
Attorney and mediator at J. Davis Law & Mediation. Licensed in Texas. Practice focused on estate planning, probate, and business law for families and owners across Harris, Fort Bend, Montgomery, Tarrant, and Dallas Counties.
Last reviewed: September 2026 · Citations are to the Texas Estates Code, Texas Property Code, and federal law as noted.
Related pages
Wills
What a Texas will must contain to be valid, and why handwritten wills cause so much trouble.
Trusts
When a trust earns its cost in Texas, and the kinds we build most often.
Revocable Living Trusts
The honest Texas answer on whether you need one.
Lady Bird & TOD Deeds
Two ways to pass Texas real property without probate — and how they differ.
Special Needs Trusts
Leave an inheritance without costing someone their SSI or Medicaid.
Probate
Already lost someone? Start here instead.