Estate Planning — Frequently Asked Questions

What happens if I die without a will in Texas?

Your property passes by Texas intestate-succession rules, which distribute the estate based on your family relationships — typically spouse and children first, then parents, siblings, and more distant relatives. The result rarely matches what most people would have chosen, and it can complicate and delay transfers.

Do I need a trust, or is a will enough?

Most Texas residents do not need a revocable living trust simply to avoid probate — Texas independent administration is reasonably efficient. Trusts become valuable with out-of-state real estate, blended-family complications, a beneficiary with special needs, a desire for privacy, or assets to be held in trust for minor or spendthrift beneficiaries.

What is a durable power of attorney?

It is a document authorizing someone you trust to handle your financial matters, including if you become incapacitated. Without one, your family may have to go to court to get authority to manage your affairs. Everyone should have one, alongside a medical power of attorney.

Does my will cover my retirement accounts and life insurance?

Generally no. Retirement accounts, life insurance, and payable-on-death or transfer-on-death accounts pass to the named beneficiary, not by your will. If a beneficiary designation is outdated — naming an ex-spouse, for example — your will cannot fix it. Review designations whenever you update your plan.

Why does Texas community property matter to my will?

Texas is a community-property state, so most property acquired during marriage is jointly owned. A spouse can generally devise only their own half of community property plus their separate property. Do-it-yourself wills often ignore this and try to give away property the testator does not fully own.

How long does probate take in Texas?

A straightforward Texas independent administration typically takes six to twelve months from filing through final settlement. Disputed probates, out-of-state proceedings, and tax matters extend the timeline.

What is a self-proving affidavit, and why does it matter?

It is a sworn statement attached to a will, signed by the testator and witnesses before a notary, confirming proper execution. Without it, witnesses must later testify to prove the will — which becomes difficult if they have moved or died. It is a small step at signing that saves families real time and expense.

I have minor children. What should my plan include?

A will can nominate a guardian for minor children, and you can also execute a separate guardian declaration. Because a minor cannot manage an inheritance directly, planning should also address how funds are held and managed for their benefit — often through a trust rather than an outright gift.

A family member died — where do we start?

Call us. We will walk you through what to gather and what a Texas probate involves. If there is a will, it generally must be probated; if there is none, the estate is handled under intestacy rules. We handle this work gently and at a steady pace.

What does estate planning cost?

Most estate planning is quoted as a flat fee after an initial conversation, once the scope is clear. Probate is typically billed hourly with an estimate based on the estate. Fees are discussed clearly, in writing, before any work begins.

The information on this page is for general educational purposes only and is not legal advice. Reading this page does not create an attorney-client relationship. For advice about a specific matter, consult a licensed attorney.