A Last Will & Testament in Texas is more than just a piece of paper—it’s one of the most important legal documents you will ever create. It determines who inherits your assets, who oversees your estate, and who will care for your minor children if something happens to you. Without a legally valid will, Texas law dictates how your estate is divided, and the results may not align with your wishes.
Many people mistakenly believe that estate planning is only for the wealthy, but in reality, a will is essential for anyone who owns property, has dependents, or wants to avoid unnecessary legal complications for their loved ones. A well-crafted will provides clarity, control, and peace of mind—ensuring that your hard-earned assets go where you intend and not where the government dictates.
Texas has strict estate laws that impact how property is distributed when someone dies intestate (without a will). Understanding the importance of a Last Will & Testament and working with an experienced estate planning attorney ensures that your estate is protected.
In this article, the attorneys at Varghese Summersett explain the different types of wills, why they are important, what happens if you die without a Last Will & Testament in Texas and how an attorney can help.
What Is a Last Will & Testament in Texas?
A Last Will & Testament is a legal document that outlines how your assets should be distributed after your death. It allows you to:
- Name beneficiaries—who will inherit your money, property, and possessions.
- Appoint an executor—the person responsible for carrying out your wishes and managing your estate.
- Designate guardians—who will care for your minor children if you pass away.
- Make charitable donations—ensuring that certain causes or organizations benefit from your estate.
- Set conditions on inheritances—such as holding assets in a trust for young beneficiaries until they reach a certain age.
A will only becomes effective upon your death. Until then, it can be updated, modified, or revoked at any time. In Texas, wills must meet specific legal requirements, outlined in Chapter 251 of the Texas Estates Code to be considered valid. Without a properly drafted will, your estate will be distributed according to Texas intestacy laws, which may not align with your wishes or your family’s best interests.
What Are the Different Types of Wills?
Not all wills are created equal. Texas law recognizes several types of wills, each with unique benefits and risks:
1. Formal (Attested) Wills
A formal will is the most legally secure type of will. It is:
- Typed or written, not oral.
- Signed by the testator (the person making the will).
- Witnessed by at least two competent adults who are not beneficiaries.
- A self-proving affidavit can be added, which means the will doesn’t need additional proof of validity in court—speeding up the probate process.
2. Holographic (Handwritten) Wills
A holographic will is entirely handwritten and signed by the testator without witnesses. While Texas recognizes these wills, they are more vulnerable to legal challenges, as courts must verify authenticity and intent.
3. Joint & Mirror Wills
- Joint wills: A single will for two people, usually spouses. These can cause issues because they often cannot be changed after one spouse dies.
- Mirror wills: Two separate wills with identical provisions, commonly used by couples who want their estate to pass in a particular way.4. Living Wills (Directive to Physicians)
4. Living Wills (Directive to Physicians)
A Living Will is not a Last Will & Testament in Texas —it specifies medical preferences in case you become incapacitated, such as whether you want life support.
What Are the Key Requirements for a Valid Will in Texas?
To be legally valid in Texas, a will must meet the following conditions:
The testator must be at least 18 years old, legally married, or in the military.
The testator must be of sound mind when signing the will.
The will must be written (typed or handwritten)—oral wills are no longer valid.
It must be signed by the testator.
It must be witnessed by two competent adults (unless it’s a holographic will).
A self-proving affidavit is strongly recommended, as it speeds up probate and eliminates the need for witness testimony.
Who Needs a Last Will & Testament in Texas?
Many people assume that wills are only for the elderly or the wealthy, but in reality, a will is essential for anyone who wants control over their assets.
You Need a Will If You:
Own real estate or other valuable assets (home, land, business, stocks).
Have children and want to choose their legal guardian in case of your passing.
Want specific heirs to receive your assets instead of following Texas intestacy laws.
Are unmarried but want a partner to inherit your estate.
Want to prevent family disputes over inheritance.
If you die without a will, your estate may not be divided as you intended.
What Happens If You Die Without a Will in Texas?
If you pass away without a will, your estate is distributed based on Texas intestacy laws, outlined in Chapter 201 of the Texas Estates Code. This often leads to unexpected consequences, such as distant relatives inheriting assets over close friends or partners.
1. If You Are Married
Your community property usually goes to your spouse, but separate property may be split between your spouse and children.
If you have children from a previous relationship, your spouse does not automatically inherit everything.
2. If You Are Single with Children
Your children inherit everything equally. If a child is a minor, the court chooses a guardian to manage their inheritance.
3. If You Are Single with No Children
Your parents, siblings, or extended relatives inherit your estate—even if you intended for a friend or charity to receive your assets.
4. If No Heirs Exist
Your assets escheat to the State of Texas, meaning the government takes them.
Having a valid will ensures your estate goes to the people and causes you care about—not to unintended heirs or the state.
Can You Change or Revoke a Will in Texas?
Yes, a Last Will & Testament in Texas can be changed or revoked at any time before your death, as long as you are mentally competent. Life circumstances change, and your will should reflect your most current wishes regarding your estate, beneficiaries, and executor. There are two primary ways to modify an existing will:
The easiest way to change a will is to draft a new one that explicitly revokes the previous version. The new will should include a clause stating that all previous wills and codicils are revoked to prevent conflicts. Once the new will is signed and witnessed, the old will should be physically destroyed to avoid confusion.
A codicil is a formal amendment that modifies specific provisions in an existing will. A codicil must be signed and witnessed just like the original will to be legally valid.
While codicils work for small changes, multiple amendments can cause confusion—so a completely new will is often the better option.
Ways to Revoke a Will in Texas
According to Texas Estates Code § 253.002, a will can be revoked in three ways:
Creating a new will that revokes the old one explicitly.
Physically destroying the will with the intent to revoke it (e.g., burning, tearing, or shredding it).
Directing someone else to destroy it in your presence, with your consent.
When Should You Update Your Will?
A will is not a static document—it should be reviewed and updated when significant life events occur, such as:
Marriage or divorce – A divorce does not automatically revoke a will in Texas, but it does void provisions benefiting an ex-spouse.
Birth of a child or grandchild – Ensure all intended heirs are included.
Death of a beneficiary or executor – If your named executor or heir passes away, updates are necessary.
Significant financial changes – If your assets have grown or changed substantially, your estate plan should be adjusted.
Relocation to another state – Estate laws vary, so an attorney should review your will.
Updating a will ensures that your estate plan remains legally enforceable and aligned with your current wishes.
Do You Need a Lawyer to Draft a Will in Texas?
While it is legally possible to draft a will on your own, the risks of DIY estate planning far outweigh any cost savings. A will is a legal document that must comply with Texas law to be enforceable—and even a minor error can lead to costly probate issues or legal disputes.
Common Pitfalls of DIY Wills
Failure to meet legal requirements – A missing signature, lack of witnesses, or unclear wording can invalidate a will.
Ambiguous language – Vague terms may cause disputes among heirs and require court intervention.
Incorrect beneficiary designations – Assets could unintentionally go to the wrong people or be subject to unnecessary taxes.
Lack of coordination with other estate planning tools – A will alone may not be sufficient; trusts, powers of attorney, and healthcare directives may also be necessary.
Potential for contestation – A poorly drafted will is more likely to be challenged in probate court, leading to delays and legal fees.
How an Estate Planning Attorney Adds Value
An experienced Texas estate planning lawyer ensures that your will:
Complies with all legal formalities under Texas law.
Minimizes probate complications, saving your heirs time and money.
Clearly defines asset distribution, reducing the likelihood of disputes.
Protects minor children, ensuring guardianship arrangements are legally sound.
Integrates with a broader estate plan, incorporating trusts, tax planning, and medical directives.
Without professional legal guidance, a small mistake in your will could cost your family thousands of dollars in legal fees and months—if not years—of probate delays. At Varghese Summersett, we tailor wills to each client’s unique family dynamics, financial situation, and long-term goals, ensuring a comprehensive estate plan that works when it’s needed most.
Why Choose Varghese Summersett to Draft Your Last Will & Testament in Texas?
Estate planning is more than just paperwork—it’s about protecting your family, your legacy, and your hard-earned assets. At Varghese Summersett, we offer customized estate planning services designed to give you peace of mind. We have two highly experienced state planning attorneys – Michael A. Livens and Brent McMullen.
- Michael A. Livens has a strong background in finance and vast experience with estate planning. He has helped countless Texans secure their family’s future. He specializes in wills, trusts, probate law, and asset protection strategies.
- Brent McMullen is a seasoned attorney with a deep understanding of Texas probate law. he ensures that clients have ironclad estate plans that stand up in court and prevent unnecessary disputes.
Why Clients Trust Us
Tailored Estate Planning – We create custom wills and trusts based on your specific goals and financial situation.
Texas-Specific Expertise – Our attorneys are well-versed in Texas probate laws, ensuring that your will is legally sound.
Comprehensive Protection – We integrate wills with powers of attorney, living wills, and asset protection to create a complete estate plan.
Avoid Probate Pitfalls – A properly drafted will minimizes delays, disputes, and unnecessary legal costs.
Client-Focused Approach – We take the time to understand your concerns and provide personalized solutions.
Speak to an Estate Planning Attorney Today
Your Last Will & Testament in Texas is one of the most important legal documents you will ever create—don’t leave it to chance. Without a valid will, Texas law—not you—determines who inherits your estate. At Varghese Summersett, we ensure that your wishes are honored, your assets are protected, and your loved ones are cared for. Our estate planning attorneys will guide you through every step, making the process simple, efficient, and legally sound. Call 817-203-2220 to schedule a consultation today and take control of your legacy. We have locations in Fort Worth, Dallas, and Southlake.
