Texas Estate Planning Guide — Wills, Trusts & More
Wills, trusts, powers of attorney, and advance directives — protecting your family and your wishes
Estate planning serves two groups of people at once. If you are planning ahead, it is about making sure your wishes are followed and your family is protected — through a will, trust, powers of attorney, and healthcare directives. If someone in your family has recently passed away, these same documents (or the absence of them) control what happens next. Either way, the starting point is the same: understanding what tools exist and which ones apply to your situation.
Making a valid will in Texas
To make a valid will in Texas, you must be at least 18 years old and of sound mind. The will must be in writing, signed by the Testator, and witnessed by 2 competent witnesses §251.051. A self-proving affidavit §251.104 allows the will to be admitted to probate without requiring witnesses to testify.
Texas also recognizes holographic (handwritten) wills §251.052, though a formally witnessed will is always preferred.
Texas is a community property state — a will only controls the decedent's one-half share of community property and all separate property. Holographic wills are valid if entirely in the testator's handwriting and signed. Texas repealed nuncupative (oral) wills effective September 1, 2007.
Trusts and avoiding probate
Trust law in Texas is governed by Texas Trust Code (Tex. Property Code §§ 111–115) §Tex. Prop. Code § 111.001.
A revocable living trust is the primary tool for avoiding Probate in Texas. Property transferred into the trust during your lifetime passes to beneficiaries according to the trust terms — without court involvement, publication, or the delays associated with probate.
Texas allows transfer-on-death (TOD) deeds for real estate §114.051, letting you pass property outside of probate without a trust.
Will vs. trust: which do you need?
| Will | Revocable trust | |
|---|---|---|
| Takes effect | After death §251.051 | Immediately (you manage it while alive) §Tex. Prop. Code § 111.001 |
| Avoids Probate | No — goes through probate court §251.051 | Yes — assets in trust skip probate §Tex. Prop. Code § 111.001 |
| Privacy | Public record once filed | Remains private |
| Incapacity planning | No — only covers death | Yes — successor Trustee steps in §Tex. Prop. Code § 111.001 |
| Cost to create | Lower | Higher |
| Ongoing maintenance | None | Must transfer assets into the trust |
| Who needs it | Everyone — baseline document | Homeowners, larger estates, privacy-focused |
Powers of attorney
In Texas, a Power of attorney must explicitly state that it is durable to survive the principal's incapacity.
A financial Power of attorney lets someone you choose manage your finances, pay bills, and handle property if you become unable to do so. Without one, your family may need to petition the court for a conservatorship — a costly and time-consuming process §1101.001.
Healthcare directives
Texas recognizes directive to physicians and family (advance directive)s §Tex. Health & Safety Code § 166.032 that let you state your wishes for medical treatment if you cannot speak for yourself. A medical power of attorney §Tex. Health & Safety Code § 166.152 designates someone to make healthcare decisions on your behalf.
Texas uses two separate documents: a Directive to Physicians and Family or Surrogates (Tex. Health & Safety Code § 166.032) for end-of-life treatment preferences, and a Medical Power of Attorney (Tex. Health & Safety Code § 166.152) to name a healthcare agent. An Out-of-Hospital Do-Not-Resuscitate Order is also available (§ 166.081).
Power of attorney vs. healthcare directive
| Financial Power of attorney | directive to physicians and family (advance directive) | medical power of attorney | |
|---|---|---|---|
| Purpose | Manage finances and property | State treatment preferences §Tex. Health & Safety Code § 166.032 | Name a healthcare decision-maker §Tex. Health & Safety Code § 166.152 |
| When it activates | Immediately or upon incapacity | When you cannot communicate | When you cannot make medical decisions |
| Who acts | Your chosen agent | No one — it speaks for you | Your chosen proxy |
| Scope | Bank accounts, bills, property, taxes | End-of-life treatment, life support | All medical decisions on your behalf |
| Ends | Death or revocation | Death or revocation | Death or revocation |
| Required? | Not legally, but practically essential | Recommended for everyone | Recommended for everyone |
Guardianship for minor children
If you have children under 18, your will is the primary way to nominate a guardian §1104.053. Without a nomination, the court decides — and the result may not match your wishes. Naming a guardian in your will does not guarantee the appointment, but it carries significant weight with the court.
Estate and inheritance taxes
Texas does not impose a separate state estate tax or inheritance tax. Only the federal estate tax (currently $13.61 million per person §26 U.S.C. § 2010) applies.
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Frequently Asked Questions
General answers to common questions. Specific outcomes depend on your facts and timing.
If you have a deadline, court notice, or upcoming hearing, mention it when requesting assistance so timing can be evaluated promptly.
- Witnesses required: 2
- Holographic wills: valid
- Self-proving affidavit: available