Your Complete Guide to Estate Planning in Texas
Protect your family, your home, and your future with a plan built for Texas law.
Estate planning in Texas comes down to a few key documents and a handful of Texas-specific rules. This guide walks through each one in plain English, explains how they fit together, and links to deeper guides when you want the details. When you're ready, we can help you build a plan that fits your family.
Everything Texans Need to Know About Wills, Trusts, Powers of Attorney, Probate, and More
Whether you're starting from scratch or updating an old plan, use the sections below to see what each document does and where it fits. Each section links to a deeper guide on that topic.
Why Estate Planning Matters in Texas
Texas has its own rules for what happens to your property, and to your decisions, if you die or can't act for yourself. Without a plan, those rules decide for you.
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Texas is a community property state, which shapes what each spouse can leave in a will.
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Without a will, Texas law decides who inherits, and the result may not match your wishes.
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If you become unable to act for yourself without powers of attorney in place, your family may need to go to court to act for you.
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A clear plan helps your family avoid delay, cost, and conflict at a hard time.
The Key Components of a Texas Estate Plan
An estate plan uses key documents to protect your wishes:
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Wills (Last Will and Testament)
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Trusts (Revocable and Irrevocable)
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Powers of Attorney (Financial and Medical)
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Lady Bird Deeds (Enhanced Life Estate Deeds)
Not every plan needs every document. The right mix depends on what you own, who you want to protect, and how much you want to avoid probate.
Wills in Texas
A will is the foundation of most estate plans. It lets you:
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Decide who receives your property
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Name the executor who will handle your estate
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Name a guardian for minor children
Without a will, Texas law decides who inherits, which can leave out people you meant to include. A will does go through probate, though Texas probate is often more manageable than its reputation suggests.
Read more: Why You Need a Will · What Happens When Texans Die Without a Will · Intestate Succession in Texas Explained
Trusts in Texas
A revocable living trust holds your assets during your lifetime and passes them to your beneficiaries at death. You can change or cancel it while you're alive. Assets placed in the trust can pass without probate, and the details stay private.
A trust plan usually includes a pour-over will, which moves anything left outside the trust into it at your death. Irrevocable trusts serve narrower goals and are much harder to change, so they're used for specific situations.
Read more: Do I Need a Trust or Just a Will? · What Is a Pour-Over Will? · The Power of a Revocable Living Trust
Powers of Attorney
A power of attorney names someone you trust to act for you if you can't act for yourself. Most plans include two:
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Financial (durable) power of attorney: lets your agent manage your money, property, and accounts. A durable power of attorney stays in effect if you become incapacitated.
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Medical power of attorney: lets your agent make healthcare decisions when you can't.
Without these, your family may have to seek a court-appointed guardianship to make decisions for you.
Read more: Texas Power of Attorney Guide · What Is a Durable Power of Attorney?
Lady Bird Deeds in Texas
A Lady Bird Deed, also called an enhanced life estate deed, lets you keep full control of your home during your lifetime, including the right to sell or mortgage it, and pass it to your chosen beneficiaries at death without probate. For some families it can also play a role in Medicaid planning, depending on their circumstances. Texas also offers the Transfer on Death Deed, which works differently in a few important ways.
Read more: Lady Bird Deed vs. Transfer on Death Deed · Lady Bird Deed and Medicaid Planning · Passing Real Estate to Your Children Without Probate
Probate and Avoiding It
Probate is the court process for settling an estate after someone dies. Texas offers some of the more streamlined probate options in the country. Many families can also avoid probate for some or all of their assets with the right planning: a living trust, a Lady Bird Deed, beneficiary designations, and payable-on-death accounts.
If you're handling a loved one's estate right now, Caleb can walk you through what comes next.
Read more: How to Avoid Probate in Texas
Planning for Your Situation
Every family is different. These guides cover common situations:
How Our Firm Helps You Build an Estate Plan
Our estate planning process is simple, efficient, and tailored to your needs. You can expect:
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Initial Consultation – We discuss your goals and review existing documents.
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Strategy & Drafting – We create personalized wills, trusts, and legal tools.
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Review & Execution – We finalize your plan and ensure proper signing.
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Ongoing Support – We help update your plan as your life evolves.
Read more: How Much Does Estate Planning Cost? · Estate Planning Checklist for Texans
Start Planning Your Legacy Today
Estate planning doesn't have to be complicated. Caleb makes the process clear, so you know what each document does and why it's in your plan.
Take the first step toward peace of mind today.
Real Stories.
Real Peace of Mind.
Nathan R.
I was referred to the Patterson Law Firm by a few friends and was overwhelmed Caleb's professionalism, detailed work, and final products. He was thorough in looking at all options and was thoughtful in how he responded to my questions and concerns, taking the time to make sure I was comfortable at each decision point. I can't recommend Caleb enough, and plan to use him again for any future work I have!
R Dale H.
I contacted Caleb after seeing his ad in the Dallas Voice magazine. I had some pending work that needed to be done regarding my will and medical wishes if or when anything were to happen to me.
Caleb was responsive, helpful and professional throughout the process. I also felt like he provided great value for the finished product I received.
I would recommend his legal services to anyone needing this type of work done and support a small business in our community.
Stacy S.
I was looking for someone to do my trust and will And found Caleb after Searching and calling a numer of lawyers.
I like that he personally called me back, did a very thorough and professional job on my timeline and his price was more than fair.
He was also great at explaining everything to me and answering all my questions.
I Highly recommend him!
