Estate planning in Texas gives control of your assets today and tomorrow—learn easy, actionable steps for a secure future.
Estate planning in Texas is about creating a clear roadmap for what happens to your property, your decisions, and your loved ones—both if you become incapacitated and when you pass away. Get your will, trust, powers of attorney, and beneficiary designations aligned with Texas laws to ensure your wishes are honored.
Estate Planning In Texas: Your Friendly Roadmap 😊
Have you ever wondered what happens to your home, savings, or even your medical decisions if you get hurt—or die—without a plan in Texas? Well, the answer might surprise you: without a plan, state law takes over. So let’s walk through what estate planning in the Lone Star State looks like—and how you can do it simply, step by step.
What Estate Planning Really Means
Estate planning is about far more than just a will. In Texas, it means:
- Deciding who gets what when you die.
- Naming someone to handle your affairs if you can’t.
- Choosing healthcare decisions in advance.
- Minimizing hassles, costs, and confusion for your loved ones.
Because Texas has its own rules around property and inheritance, doing it right matters.
Why It’s Especially Important In Texas
Here’s the thing: Texas is a community-property state, which means most assets you acquire during your marriage are jointly owned.
Also, if you pass without a will (intestate), Texas law will decide who gets what—and it might not match your wishes.
Bottom line: Estate planning gives you the say—not just the default statutes.
Key Components Of A Texas Estate Plan
Here are the main tools you’ll want to use:
- A Last Will & Testament – outlines how you want your assets distributed.
- A Trust – helps manage assets now and later, often avoiding probate and giving more control.
- Durable Power of Attorney – appoints someone to handle your financial/legal affairs if you’re incapacitated.
- Medical Power of Attorney / Advance Directive – names someone to make health care decisions if you can’t.
- Transfer on Death Deed / Beneficiary Designations – simplified ways to pass certain assets directly to a beneficiary without full probate.
How Texas Probate And Intestacy Work
If you die without proper planning, your estate may go through probate—or part of it may bypass probate via beneficiary designations, joint ownership, etc.
Here’s a simple breakdown:
| Situation | What happens in Texas |
| You have a valid will | Your named executor handles the estate according to your will, subject to court supervision. |
| You die without a will | Texas intestacy laws kick in—distribution is by statute, not your choice. |
| Some assets pass outside probate (bank accounts, life insurance) | These can go directly to beneficiaries if properly designated. |
Community Property And Its Effects 👥
Since Texas is a community property state, here are some things to keep in mind:
- Assets acquired during marriage are generally owned 50/50 by both spouses.
- Even if you earned or bought something alone, it may still count as community property unless otherwise documented.
- Your planning needs to account for that so your wishes align with the legal reality.
Trusts: More Than Just A Will
Trusts are powerful tools in Texas for extra control and flexibility. Here’s what you need to know:
- A trust lets you set rules about how and when beneficiaries receive assets.
- Texas now allows some trusts (dynasty trusts) to last up to 300 years under certain conditions.
- Trusts can help avoid the delay and cost of probate—and sometimes reduce estate taxes or protect assets.
Common Mistakes To Avoid
Here are some missteps people make (so you don’t):
- No plan at all – leaving distribution to state laws.
- Outdated documents – major life changes without updates.
- Wrong assets in wrong names – beneficiary designations that don’t reflect your current wishes.
- Ignoring incapacity planning – skipping powers of attorney or medical directives.
- Assuming probate-free means no need to plan – even “non-probate” assets may cause issues.
Step-By-Step Roadmap To Plan Your Estate
Here’s an easy checklist to get you moving:
- List all your assets and debts — houses, bank accounts, investment, personal property.
- Decide your goals — who gets what? What happens if you’re incapacitated?
- Choose and name your fiduciaries — executors, trustees, agents.
- Draft your will and related documents — make sure they comply with Texas rules.
- Consider a trust if needed — especially if you have significant assets or want control beyond a basic will.
- Update your plan when life changes — marriage, divorce, children, business changes.
- Store documents safely and let trusted people know — location matters.
- Review periodically — laws change, life changes.
How Much Will It Cost & When Should You Start?
There’s no one-size-fits-all answer, but:
- It costs less and is easier to plan now than to fix problems later.
- Basic wills can be fairly affordable; trusts cost more but may save money long-term.
- You should start as soon as you have assets, children, or want to protect someone.
- Remember: waiting increases risk of battles, cost, or unwanted outcomes.
Special Considerations For Texas Residents
Here are a few Texas-specific things to keep in mind:
- No state inheritance or estate tax at the Texas level.
- Rule-Against-Perpetuities recently revised: trusts created on/after Sept 1 2021 may vest up to 300 years.
- Transfer on Death Deeds can simplify passing real estate outside probate.
- Intestacy laws can surprise you—don’t assume your spouse or partner automatically gets everything.
When You Need An Attorney
While you can handle some documents yourself, you’ll likely want an estate-planning attorney if:
- Your assets are complex (businesses, real estate in multiple states).
- You have a blended family, special needs children, or want generational planning.
- You need a trust or have unique tax or asset protection issues.
- You just want peace of mind that everything is done correctly.
How To Keep Your Plan Updated
Your life changes; your plan should too. Key triggers to review or update:
- Marriage or divorce
- Birth or adoption of children or grandchildren
- Move to another state or changes in property ownership
- Significant increase/decrease in assets
- Death or incapacity of your chosen executor/trustee/agent
Questions Often Asked By Texans
Here are some common questions that crop up:
- “If I die without a will in Texas, who gets my stuff?” → Intestacy rules dictate the distribution, which may not match your wishes.
- “Does Texas have a state estate tax?” → No state estate tax; federal estate tax still may apply if your estate is large.
- “Can I skip probate altogether in Texas?” → You can reduce probate by using trusts, beneficiary designations, transfer-on-death deeds—but you may not skip entirely for all assets.
Final Thoughts
Estate planning in Texas isn’t just for the wealthy—it’s for anyone who cares about their legacy, their loved ones, and the peace of mind that comes from being prepared. By making thoughtful choices today, you give your family less stress tomorrow. Remember: plan early, keep it updated, and match it to your Texas-specific rules. You’ll sleep better knowing your wishes are in place.
FAQs
What happens if I don’t have a will in Texas?
If you die without a will in Texas, state intestacy laws decide who inherits your assets. Your spouse and children may not receive what you expected. You lose control over distribution.
When should I update my Texas estate plan?
Update your estate plan after major life events: marriage, divorce, new children, new assets, or health changes. Even if nothing seems new, check it every 1–2 years. Keeping it current prevents surprises.
Can I transfer real estate without probate in Texas?
Yes—tools like a Transfer on Death Deed let you name a beneficiary to receive real property outside formal probate. But you’ll still want proper documentation to make it effective. It’s one component, not the whole plan.
Does Texas impose an estate or inheritance tax?
No. Texas does not have its own estate or inheritance tax. However, federal estate tax still may apply depending on the size of your estate. Always check with a qualified attorney for your situation.
Who should I choose as my agent or agent-in-fact in Texas planning?
Pick someone trustworthy, organized, and willing to act for you. For durable power of attorney or medical decisions, choose someone familiar with your values. Be sure they know your wishes and where documents are stored.