Texas Estate Planning — Statewide
Texas Wills — Your Wishes, Protected by Law
Without a valid will, Texas law decides who gets your assets — not you. Texas Defense Team prepares attorney-reviewed wills that meet all statutory requirements under the Texas Estates Code. Get started online at MaxWills.ai for $299, or call for a full estate planning consultation.
Why a Properly Drafted Texas Will Is Essential
A will is the foundation of any Texas estate plan. It allows you to:
• Choose exactly who receives each asset you own
• Name a guardian for your minor children
• Appoint an independent executor to settle your estate without court supervision
• Leave property to an unmarried partner, close friend, or charity — none of whom receive anything under Texas intestate law
• Specify what happens to your business interests
• Create a testamentary trust for children who are minors or have special needs
Without a will, your estate passes under Tex. Est. Code §§201.001–201.101 — Texas's intestate succession laws. Those laws divide property by formula based on legal relationships, not your actual wishes.
- Tex. Est. Code §251.051 — Requirements for a valid attested will in Texas
- Tex. Est. Code §201.001 — Intestate succession — distribution without a will
Texas Will Requirements — What Makes a Will Valid
Under Tex. Est. Code §251.051, a valid attested will in Texas requires:
1. A testator who is at least 18 years old (or married or in military service)
2. Sound mind at the time of signing
3. Written document — printed, typed, or handwritten
4. Signed by the testator
5. Witnessed by at least two credible witnesses (age 14+) who sign in the testator's presence
An optional but strongly recommended addition is a self-proving affidavit (notarized sworn statement from witnesses) under §251.104 — this eliminates the need for witnesses to testify in probate court after the testator's death.
MaxWills.ai generates wills that meet all Texas statutory requirements, reviewed by a licensed Texas attorney.
- Tex. Est. Code §251.104 — Self-proving affidavit — form and requirements
Simple Will vs. Complex Estate Planning
For most Texans, a properly drafted simple will provides exactly what they need:
• A simple will names beneficiaries for your assets, names a guardian for minor children, and names an executor
• It is appropriate for most individuals and couples without complex business interests, blended families, or very large estates
• MaxWills.ai provides attorney-reviewed simple wills for $299 statewide in Texas
More complex situations may call for additional planning tools:
• A living trust (avoids probate on assets transferred into it)
• A testamentary trust (created by will for minor or special-needs beneficiaries)
• A pour-over will paired with a living trust
• Blended family provisions addressing prior marriages and children from multiple relationships
Texas Defense Team handles complex estate planning as part of a full consultation. Call (512) 599-9000 to discuss your specific situation.
Frequently Asked Questions
Can I write my own will in Texas?+
Yes — Texas recognizes holographic wills entirely in the testator's own handwriting, signed by the testator, without witnesses. But any error — including any printed portion, improper signature, or failure of testamentary capacity — can result in the will being contested. An attorney-reviewed will is more reliable and only costs $299 at MaxWills.ai.
How often should I update my Texas will?+
Review your will after any major life event: marriage, divorce, birth or adoption of a child, significant asset changes, death of a named beneficiary or executor, or a move to a new state. In general, reviewing your will every 3-5 years is good practice.
Does a Texas will go through probate?+
Generally yes — probate is the legal process through which a will is validated and an estate is settled. Texas has one of the most streamlined probate systems in the country (independent administration allows the executor to act without court supervision on most decisions). A will with a self-proving affidavit makes probate significantly faster.