Every Texan Needs a Valid Will. Most Don't Have One.

If you die without a valid will in Texas, your estate passes under the intestate succession laws in Tex. Est. Code §§201.001–201.101. The state — not you — decides who receives your property. The results are often not what families expect:

Married with children: Your spouse does not automatically receive everything. Community property goes to your spouse, but your separate property (inherited assets, assets owned before marriage) is divided — 1/3 to your spouse and 2/3 to your children.

Married without children: Your spouse receives all community property, but your parents or siblings may have claims on your separate property.

Unmarried with children: Everything goes to your children in equal shares — including any minor children who cannot legally manage assets. A court appoints a guardian over those assets.

Unmarried without children: Your estate goes to your parents, then your siblings. A long-term partner who is not your spouse receives nothing.

A valid will overrides all of this with your actual wishes.

Under Tex. Est. Code §§251.051–251.054, a typed (attested) will in Texas is valid when it is:

1. In writing
2. Signed by you (or by another person at your direction and in your presence)
3. Witnessed by two credible witnesses who are 14 years or older and present when you sign
4. Notarized — if you want it to be self-proving, which allows probate without your witnesses appearing in court

A handwritten (holographic) will under §251.052 does not require witnesses, but it must be entirely in your own handwriting and signed. Holographic wills are valid in Texas but carry higher risk of interpretation disputes and are harder to probate efficiently.

Durable Power of Attorney (Tex. Est. Code Chapter 752) authorizes your chosen agent to manage your financial and legal affairs if you become incapacitated. “Durable” means it remains effective even if you lose mental capacity — without it, your family would need a court-ordered guardianship to manage your accounts and property.

Medical Power of Attorney (Tex. Health & Safety Code §166.152) authorizes your agent to make healthcare decisions if you cannot communicate your wishes. Without one, Texas law sets a statutory priority list for who may consent to your care — which may not match the person you would have chosen.

Directive to Physicians (Tex. Health & Safety Code §166.032) tells healthcare providers your wishes about life-sustaining treatment if you are in a terminal or irreversible condition. It removes ambiguity in the moments your family faces without you.

Most Texans with a home, retirement accounts, and basic assets can accomplish their estate planning goals with a properly drafted will — no trust required. A revocable living trust makes sense when:

• You own real property in multiple states (avoids probate in each state)
• You want privacy — wills become public record in probate, trusts do not
• You have a blended family with complex inheritance goals
• Your estate exceeds the federal exemption ($13.61 million per individual in 2024)
• A beneficiary has special needs requiring structured distributions

For most Texas families, a properly drafted will with correct beneficiary designations on retirement accounts and life insurance achieves the same protection at a fraction of the cost and complexity of a trust.