The Texas Estate Planning checklist

1. Take inventory — and note what is community property

List what you own — accounts, your Texas home, investments, life insurance, valuables — and roughly what each is worth. If you are married, note which assets are community property (generally what either spouse acquired during the marriage, Tex. Fam. Code ch. 3) and which are separate: each spouse can only give away their own half of the community. Note your homestead separately: in Texas it gets constitutional treatment.

2. A Texas will

Your will names beneficiaries, an executor to settle your estate, and a guardian for minor children. A Texas attested will must be in writing, signed by you, and attested by two or more credible witnesses at least 14 years old who sign in your presence (Tex. Est. Code § 251.051). Texas also recognizes a holographic will written wholly in your own handwriting (§ 251.052). Adding a notarized self-proving affidavit (§ 251.104) makes probate easier. Most Texas wills also authorize an independent executor (§ 401.001) so the estate can be settled with minimal court supervision.

3. A revocable living trust, if it fits

A funded revocable living trust can keep assets out of probate and plan for incapacity. It is especially worth considering if you own real estate (including out-of-state property), value privacy, or want to control how and when beneficiaries inherit. Under the Texas Trust Code a trust is revocable unless its terms expressly make it irrevocable (Tex. Prop. Code § 112.051).

4. A durable power of attorney

This lets someone you trust manage your finances if you cannot, and helps your family avoid a court-supervised guardianship. A Texas durable power of attorney must contain the statutory durability language and be acknowledged before a notary — no witnesses are required (Tex. Est. Code § 751.0021) — and Texas permits a "springing" power that takes effect only on your incapacity, if the document says so.

5. The two health care documents

Texas splits health care planning into a Directive to Physicians (your treatment wishes for terminal or irreversible conditions, Tex. Health & Safety Code § 166.032) and a Medical Power of Attorney (naming a decision-maker, § 166.164). Each may be signed before two qualifying witnesses or acknowledged before a notary instead (§§ 166.032(b-1), 166.154(b)). Every adult should have both.

6. Beneficiary designations

Retirement accounts and life insurance pass by beneficiary designation, not by your will — and in Texas the community-property character of an account can give a spouse rights regardless of the named beneficiary. Review designations and keep them coordinated with the rest of your plan.

7. Mind the Texas specifics

Texas has no state estate or inheritance tax, community property shapes what each spouse can give, the constitutional homestead carries powerful protections and its own rules, and Texas offers probate shortcuts — muniment of title and the small estate affidavit — many states lack. A good Texas plan is built around those. EstateDraft prepares each document tailored to Texas; an optional licensed-Texas-attorney review is available.

Frequently asked questions

What documents do I need for a basic Texas estate plan?

Most people start with a Texas will, a durable (financial) power of attorney, a Directive to Physicians, and a Medical Power of Attorney. Many add a revocable living trust depending on their assets and goals.

How often should I update my Texas estate plan?

Review it after major life events — marriage, divorce, a new child, a move to or from Texas, or a big change in assets — and otherwise every few years.

Does Texas charge an estate tax I need to plan for?

No. Texas has no state estate tax and no inheritance tax, so planning here is about control, community property, and probate avoidance, not state tax.

General information about Florida law, not legal advice.