Texas residents need at least a will, a durable power of attorney, and a medical power of attorney to cover both their property and their healthcare decisions. Larger or more complex estates often add a trust. Texas lets you create a valid will online as long as you are at least 18 and of sound mind, without requiring an attorney.
Estate planning in Texas protects more than just your final wishes about property. A complete plan covers who manages your affairs if you become incapacitated, who makes medical decisions on your behalf, and who steps in to raise your children if something happens to you. Here are the documents that matter most for Texas residents.
Why Estate Planning Matters in Texas
- It ensures your final wishes, including end-of-life care preferences, are actually honored.
- It secures your family's financial future instead of leaving it to default state rules.
- It keeps probate as simple and efficient as possible for your loved ones during an already difficult time.
- It provides for long-term care of minor children or dependents with special needs.
- It names someone responsible for managing your assets and handling your other affairs.
A Will
When you die in Texas without a will, the probate court distributes your assets and debts according to Texas intestacy law rather than your own wishes. A valid will lets you name an executor, direct how your property is distributed, and name a guardian for minor children. Under the Texas Estates Code, you generally must be at least 18, or otherwise legally emancipated, and of sound mind to execute a valid will. Our step-by-step guide on how to make a will in Texas covers the exact execution requirements in more detail.
A Living Will
A living will, sometimes referred to as an advance care directive, states how you want to be treated medically if you become incapacitated, giving your physician clear guidance on life support, resuscitation, and pain management. It is distinct from a medical power of attorney: a living will communicates instructions directly to your physician, while a POA appoints a person to interpret and apply your wishes in situations the document did not specifically anticipate. Living wills are valuable at any age, not just for older adults, since a serious accident can affect anyone.
Durable Power of Attorney
A durable power of attorney designates an agent to act on your behalf in financial, legal, or property matters. Under Texas law, the person creating the POA is the principal, and the person granted authority is the agent. The Texas Estates Code sets out specific requirements for how a durable POA must be executed and when an agent's authority takes effect and terminates.
Medical Power of Attorney
A medical power of attorney is a distinct document from a financial POA, focused solely on healthcare decisions. It names someone to make treatment, home healthcare, and nursing home placement decisions if you cannot communicate your own wishes. The agent's authority only becomes active once you are legally unable to make these decisions yourself, and like a living will, this is not a document exclusively for older residents.
Trusts
A trust, per Cornell Law School's Legal Information Institute, is a legal arrangement where you transfer assets to a trustee, who manages them for your named beneficiaries. Trusts serve several purposes: avoiding probate, minimizing certain taxes, and protecting assets from creditors. Not every Texan needs a trust, but they make sense in specific situations, including a Special Needs Trust for a dependent with a disability, which can preserve eligibility for programs like Supplemental Security Income or Medicaid while still providing financial support. Families with property in multiple states, or those anticipating a future move, may also benefit from a trust structure.
Putting It All Together
These documents work as a set, not as standalone pieces. A will without a medical power of attorney leaves a real gap in your planning, since a will only takes effect after death and says nothing about who manages your care while you are alive but incapacitated. Building all of these documents together, rather than one at a time over years, gives your family a complete, consistent plan.
How FastWill Handles Texas Requirements
FastWill's online estate plan builder generates a will, durable power of attorney, and medical power of attorney that meet Texas's specific legal requirements, all in one sitting, without needing a separate attorney for each document. If your estate is large or complex enough to need a trust, our trust package can help you set that up as well. See our full Texas estate planning guide for more state-specific detail.
Frequently Asked Questions
Do I need a lawyer to make a will in Texas?
No. Texas allows you to create a legally valid will without an attorney, as long as you meet the state's age, capacity, and execution requirements.
What happens if I die without a will in Texas?
Texas intestacy law determines who inherits your property, following a fixed order of relatives, which may not match your actual wishes, especially for blended families or unmarried partners.
What is the difference between a living will and a medical power of attorney in Texas?
A living will states your treatment preferences directly to your physician. A medical power of attorney names a person to interpret and apply your wishes, including in situations your living will did not specifically address.
Does every Texan need a trust?
No. Trusts make the most sense for larger estates, families with a dependent who has special needs, or those with property in multiple states. Many Texans are well served by a will alone.
Can I update my Texas estate planning documents later?
Yes. You can revise your will, powers of attorney, and any trust as your circumstances change, and you should review them after major life events like marriage, divorce, or a move.
Texas makes it possible to build a complete estate plan without hiring separate attorneys for each document. Start your Texas estate plan with FastWill today.
