Texas estate planning starts with three documents: a will that names an executor and distributes your property, a durable power of attorney for financial decisions, and an advance directive for medical care. Without a will, Texas intestacy law decides who inherits, which may not match your wishes, especially for blended families and unmarried partners.
You can build all three documents online with FastWill's Texas will package. Below are the questions Texans ask most often about estate planning, probate, and protecting digital assets.
Do I Need an Estate Plan in Texas?
Yes, regardless of your age or net worth. Without a plan, Texas intestacy law determines who receives your property, and the court appoints someone to administer your estate rather than the executor you would have chosen. Life is unpredictable, so it makes sense to put your documents in place well before you expect to need them.
What Should a Texas Estate Plan Include?
A basic Texas estate plan typically includes three documents:
- Will. States how your assets should be distributed and names an executor to manage the process.
- Power of attorney. Grants someone authority to make financial decisions on your behalf if you become incapacitated.
- Advance directive. Also called a living will, this document states your medical preferences and names a health care agent to act if you cannot speak for yourself.
You should also confirm your beneficiary designations on non-probate property, such as life insurance, retirement accounts, and payable-on-death bank accounts, are current. Those assets pass by contract, not by will, so an outdated form can override what your will says.
What Happens If I Die Without a Will in Texas?
Dying without a will is called dying "intestate." Your assets are distributed under Texas's intestacy statutes, generally starting with your spouse and children. If you have no surviving relatives, your assets can eventually pass to the state. Beyond losing control over who gets what, an intestate estate typically takes longer and costs more to administer, since the court must appoint an administrator and confirm heirs before anything can be distributed.
Can I Disinherit Someone in My Texas Will?
You can generally disinherit adult children and other relatives by name in your will. Your spouse is different. Texas is a community property state, so it is usually not possible to fully disinherit a spouse from the couple's shared property. In addition, the Texas Constitution, Article XVI, Section 52, gives a surviving spouse a homestead life estate, meaning they can generally continue living in the family home for as long as they choose, even if the will leaves the house to someone else.
What Is the Role of a Living Will in Texas?
A living will, also called an advance directive, spells out your medical preferences if you become unable to communicate them, including whether you want life-sustaining treatment. Pairing a living will with a medical power of attorney means your family will not have to guess, or fight, over what you would have wanted during a medical crisis.
What Happens to My Digital Assets in Texas Estate Planning?
Online accounts, cryptocurrency, and other digital assets should be part of your estate plan. Most digital assets are not eligible for probate the way a house or bank account is, and many platforms have their own rules for transferring or closing an account after death. Texas has adopted a version of the Revised Uniform Fiduciary Access to Digital Assets Act, model legislation from the Uniform Law Commission that lets you name a digital executor with legal authority to manage your online accounts. Naming that person and leaving them a way to find your account information is the most practical step you can take.
Is Estate Planning Only About Preparing for Death?
No. Estate planning also covers what happens if you become incapacitated while still alive. A durable power of attorney and a medical power of attorney let someone you trust step in immediately to handle your finances and health care decisions, without a court guardianship proceeding.
How Does Divorce Change My Texas Estate Plan?
Under Texas Estates Code Section 123.001, if your marriage ends in divorce after you sign your will, any gift or fiduciary appointment to your former spouse is treated as if that person had not survived you, unless the will says otherwise. That rule is a safety net, not a substitute for updating your documents. See our full guide on how divorce affects Texas estate planning for the details on beneficiary designations and powers of attorney.
How Do I Get Started?
Most people put off estate planning because it feels complicated. In practice, a Texas will, power of attorney, and advance directive can be completed online in about the time it takes to run an errand. FastWill's plans and pricing page shows exactly what is included in each package, so you can see the full scope before you start.
Frequently Asked Questions
Is a handwritten will valid in Texas?
Texas recognizes holographic wills that are entirely in the testator's own handwriting and signed, but a witnessed, typed will is harder to challenge and easier for a court to process.
Can I disinherit my spouse in Texas?
Not fully. Because Texas is a community property state, your spouse retains rights to community property and a homestead life estate regardless of what your will states.
What happens to my cryptocurrency if I die without naming a digital executor?
Without a named digital executor and access instructions, your heirs may never be able to recover a crypto account, since most platforms do not offer traditional beneficiary designations.
Do I need a lawyer to make a will in Texas?
No. As long as your will meets Texas's signature and witness requirements, a self-drafted or online will is legally valid.
How often should I update my Texas estate plan?
Review it after any marriage, divorce, birth, death of a beneficiary, or major change in what you own, and at minimum every few years.
Ready to put these documents in place? FastWill's online will builder is built around Texas's specific execution rules, so your will, power of attorney, and advance directive all work together.
