A Will decides who inherits, who serves as executor, and who will be guardian for minor children. In Texas, a typed Will is valid when the testator signs it (or directs someone to sign) in the presence of two credible witnesses age 14+ who sign in the testator’s presence. A “self-proving affidavit” lets it be admitted without witness testimony.

Key law: Estates Code §§ 251.051 (execution), 251.104–251.1045 (self-proving). See also §1104.053 for naming a guardian of minors by Will.

Revocable Trust advantages

• Probate avoidance for funded assets; privacy and easier out-of-state property transfers
• Continuity if you’re incapacitated (no court guardianship over trust assets)
• Staggered/controlled distributions to young or vulnerable beneficiaries

When a Will alone may be fine

• Simpler estates concentrated in Texas, with straightforward beneficiary goals
• When TOD/POD designations and a Transfer-on-Death Deed already keep most assets out of probate

Note: Revocable trusts do not protect assets from your own creditors or long-term-care costs; they’re for control and convenience, not shielding.

A pour-over Will catches anything left outside the trust at death and “pours” it into your Revocable Trust. It also names an executor and guardians for minor children. Even with a trust, you still need this safety net.

This appoints an agent to manage finances (banking, real estate, tax, business) either immediately or upon your incapacity. Texas provides a statutory form; banks recognize it when executed correctly.

• Choose immediate + durable authority for flexibility, or springing on incapacity
• Initial the specific powers you want to grant; add special instructions if needed

Key law: Estates Code Ch. 751 (general rules) & Ch. 752 (statutory powers & form).

• Medical Power of Attorney (MPOA): names a health-care agent if you can’t decide. Must be properly witnessed or notarized.
• Directive to Physicians (“Living Will”): states your wishes about life-sustaining treatment in terminal/irreversible conditions.
• HIPAA Authorization: lets your family/agent access protected health info.
• Out-of-Hospital DNR (optional): for those who don’t want resuscitation outside a hospital.

Key law: Health & Safety Code Ch. 166—Subch. D (MPOA); Subch. B (Directive); related DNR provisions.

For minor children

• Nominate a guardian in your Will or a separate written declaration
• Courts give strong preference to your nominee unless disqualified or not in the child’s best interest

For yourself (future incapacity)

• Execute a “Declaration of Guardian” to tell the court who should (and should not ) serve

Key law: Estates Code §1104.053 (guardian designated by Will or declaration); §§1104.202–1104.206 (declaration of guardian for the declarant).

Transfer-on-Death Deed (TODD)

• Statutory deed that names a beneficiary for real estate; you keep full ownership during life
• Must be signed, notarized, and recorded before death ; can be revoked
• Bypasses probate for that property

Lady Bird (Enhanced Life Estate) Deed

• Non-statutory but recognized in Texas practice; reserves to you the right to sell/mortgage
• Also avoids probate; useful for Medicaid planning in some scenarios (special counsel required)

Key law: Estates Code Ch. 114 (Texas Real Property Transfer on Death Act).

Spouses generally own community property acquired during marriage; separate property remains separate. You can add a Community Property Survivorship Agreement so the survivor takes the community property automatically without probate.

• Confirm title & characterization before planning (CP vs SP)
• Use survivorship agreement to speed transfer to surviving spouse

Key law: Estates Code §112.051 et seq. (community-property survivorship).

Yes—payable-on-death (POD) and transfer-on-death (TOD) designations move bank/brokerage accounts directly to beneficiaries outside probate. Make sure they coordinate with your trust or Will to avoid conflicts.

Key law: Estates Code Ch. 113 (Multiple-Party Accounts, including POD).

• Muniment of Title: probate a valid Will without appointing an executor when no unpaid debts (other than secured real estate)
• Small Estate Affidavit: no Will, estate value ≤ statutory cap, used to collect assets without full administration

Key law: Estates Code Ch. 257 (Muniment of Title); Ch. 205 (Small Estate Affidavit).

A beneficiary can file a qualified disclaimer to refuse a gift so it passes to the next taker under the document—useful for tax or family reasons. Must follow strict timing and form rules; talk to counsel and your CPA.

Key law: Estates Code Ch. 122 (Disclaimers of Property Interests).

Texas protects the family homestead from most creditors and gives a surviving spouse and minor children important use/occupancy rights. Your plan should respect homestead rules when gifting or titling property.

Key law: Property Code Ch. 41 (homestead exemption/limitations).

You may sign a written appointment giving a specific person control of disposition of remains and funeral decisions. Keep the form with your MPOA.

Key law: Health & Safety Code §711.002.

• Revocable trusts, Wills, and standard POAs do not shield your assets from your own creditors.
• Protection in Texas mainly comes from homestead, certain retirement accounts, proper business entities, and carefully structured irrevocable trusts (advanced planning).
• Texas has no state estate or inheritance tax. Federal estate/gift/GST rules still apply; thresholds change—coordinate with a CPA/EA.

References: IRS Estate Tax guidance; Texas Property Code Ch. 41; (Texas imposes no state-level estate/inheritance tax).

Starter Texas plan (most families)

• Will (with guardian nominations, if applicable) + Disposition of Remains form
• Statutory Durable POA (financial)
• Medical POA + Directive to Physicians + HIPAA
• TOD deed for the home (or Lady Bird deed after counsel review), POD/TOD on accounts

When to add a Revocable Trust

• Own property in multiple states or want privacy/probate avoidance
• Blended family; desire for staged/control distributions
• Anticipated incapacity risk and desire to avoid guardianship

When to consider advanced tools

• Business succession, special-needs planning, lifetime gifting, irrevocable trusts, tax-driven strategies