Who handles Texas plans.
Texas estate planning is handled by Jeff Barnett, Of Counsel to The Longhorn Law Firm for its Texas practice. Jeff's Austin practice at Barnett & Leuty, PC has emphasized wills, trusts, and estate planning for decades, and he serves clients statewide. Meetings are by appointment at 11824 Jollyville Road, Suite 500, Austin, or by phone and video.
What makes a Texas will valid.
- In writing and signed by you, at age 18 or older — or younger if you're married or serving in the armed forces.
- Witnessed by two credible witnesses age 14 or older (Tex. Est. Code § 251.051) — or written entirely in your own handwriting, which Texas accepts without witnesses (§ 251.052).
- Self-proved, ideally, with a notarized self-proving affidavit, so witnesses don't have to be tracked down to testify when the will is probated.
Handwritten wills are legal in Texas, but they're a frequent source of family disputes: unclear wording, forgotten assets, no named executor. A properly drafted will costs far less than the fight it prevents.
If you die without a will in Texas.
Texas law decides who inherits, and the answer depends on whether property is community or separate property and whether your children are also your spouse's children. If all of your children are also your surviving spouse's children, your spouse generally inherits all of the community property; if you have children from another relationship, your half of the community property generally passes to your children instead. Separate property follows different rules. Your family will also typically need a court proceeding to determine heirship before property can be transferred.
Texas probate, in brief.
Independent administration
Texas lets most estates be settled with limited court supervision when the will provides for it or the heirs agree.
Four-year window
A will generally must be offered for probate within four years of death (Tex. Est. Code § 256.003). Waiting longer sharply limits a family's options.
Muniment of title
When the estate generally has no unpaid debts other than those secured by real estate, a will may be probated as a muniment of title — transferring property without appointing an executor.
Small estate affidavit
If there's no will and the estate (excluding homestead and exempt property) is $75,000 or less, heirs may use a small estate affidavit, which a judge must approve (§ 205.001).
More on probate and estate administration →
The Texas planning toolkit.
Statutory Durable Power of Attorney
Names someone to handle your finances and property if you can't, under Chapter 752 of the Texas Estates Code.
Medical Power of Attorney
Names the person who makes health-care decisions for you if you're unable to (Tex. Health & Safety Code § 166.164).
Directive to Physicians
Texas's living will: your instructions about life-sustaining treatment if you have a terminal or irreversible condition (§ 166.033).
Declaration of Guardian
Lets you name — or exclude — the person who would serve as your guardian if you ever need one.
Transfer-on-Death Deed
Passes your home to named beneficiaries without probate. It must be recorded in the county where the property is located before your death (Tex. Est. Code ch. 114).
Revocable Living Trust
Holds assets during your life and passes them privately at death, without probate. Quoted after consultation.
Texas pricing.
Texas
Flat fees are per person and cover preparation of each document. The first hour of an estate planning consultation is free; if a consultation runs longer than one hour and you don't purchase an estate planning package, additional time is $300 per hour, prorated to the nearest quarter hour. Court filing and county recording fees, if any, are separate. Prices effective through December 31, 2027.
Common questions.
Is the consultation free?+
Is a handwritten will valid in Texas?+
How long does my family have to probate my will?+
Does Texas have an estate or inheritance tax?+
Do I have to come to Austin?+
How much does a Texas will cost?+
Texas estate planning services are provided by Jeff Barnett, Of Counsel (Texas Practice), of Barnett & Leuty, PC, Austin, Texas, licensed in Texas. New Mexico estate planning services are provided by Shawn Barnett, Managing Attorney, licensed in New Mexico. This page provides general information, not legal advice; reading it does not create an attorney-client relationship.