Estate Planning — All 254 Texas Counties
Every Texan Needs a Valid Will. Most Don't Have One.
Without a will, Texas law — not your wishes — decides who gets what. Texas Defense Team handles estate planning statewide: attorney-reviewed wills and trusts.
Texas Estate Planning Services
Statewide coverage · All 254 Texas counties · Reviewed by Stephen T. Bowling, Texas Bar No. 24087194
What Happens If You Die Without a Will in Texas?
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.
- Tex. Est. Code §201.001 — Texas intestate succession — married with children
- Tex. Est. Code §201.003 — Texas intestate succession — separate property rules
What Makes a Texas Will Valid?
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.
- Tex. Est. Code §251.051 — Attested will requirements — signature and witnesses
- Tex. Est. Code §251.052 — Holographic will requirements — entirely handwritten
Do I Need a Trust in Texas?
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 needs distributions structured over time (a special-needs trust is not part of our online service; ask an attorney)
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.
Frequently Asked Questions
How much does an attorney-reviewed will cost through Texas Defense Team?+
An AI-generated Texas will, reviewed and certified by a licensed Texas attorney, is available online through our will service. Your will is drafted to meet Texas will requirements; it becomes valid when you sign it in front of two witnesses as the instructions say, is reviewed by an attorney, and available without an in-person office visit. For complex estates requiring trusts, multiple properties, or more detailed planning, call us for a full consultation at (512) 599-9000.
Does Texas have a state estate tax or inheritance tax?+
No. Texas has no state estate tax and no state inheritance tax. Texans are subject only to the federal estate tax, which applies to estates exceeding $13.61 million per individual (2024). For most Texas families, federal estate tax planning is not a primary concern — but proper beneficiary designations and asset titling remain important regardless.
What is probate in Texas?+
Probate is the legal process by which a court validates your will and supervises the distribution of your estate. Texas probate under Tex. Est. Code §256.001 is handled by the county probate court or county court at law. Texas has a relatively streamlined probate process compared to most states — independent administration under Tex. Est. Code Chapter 401 minimizes court involvement once the will is admitted.
Can I make my will online and have it reviewed by a Texas attorney?+
Yes. Texas Defense Team offers an attorney-reviewed will online. The process is entirely online — you answer questions about your wishes, an AI generates a draft will, drafted to meet Texas will requirements; it becomes valid when you sign it in front of two witnesses as the instructions say, and a licensed Texas attorney reviews it. No office visit required.
What happens to my will when I die in Texas?+
When you die, your executor (named in your will) initiates the probate process by filing the will with the county probate court within four years of your death under Tex. Est. Code §256.003. The court admits the will to probate, appoints the executor, and the executor distributes assets according to your instructions. Texas’s independent administration process is efficient relative to most states.
Not Sure What You Need? Start With a Question.
Our online will service guides you through a short interview — about 15 minutes — and generates your Texas will. A licensed Texas attorney reviews and certifies your will. No office visit. No hourly billing. No guessing.
Attorney-Reviewed Texas Will
AI-generated will, reviewed and certified by a licensed Texas attorney. No office visit required.
Start Your Texas Will →Or call (512) 599-9000