Estate Law · Texas
Texas estate planning rules
State-specific rules that affect how your estate is distributed, how probate works, and what planning steps matter most for Texas residents.
- Texas intestacy distributes your estate under two sets of rulesTexas intestacy law uses different distribution formulas for community property and separate property when a married parent dies without a will.
- Texas intestacy splits your separate property between spouse and childrenIn Texas blended families, dying without a will means your separate property is split between spouse and children by statute — and real property gives your spouse only a lifetime interest.
- Texas intestacy does not recognize stepchildren as heirsTexas intestacy law distributes estates to biological and legally adopted children only. Stepchildren have no inheritance rights without a will.
- Texas protects children born after you write your willTexas gives children born or adopted after a will is signed an inheritance share unless they are provided for. The rule does not extend to stepchildren.
- In Texas, your separate real property splits with your parents if you have no childrenIn Texas, a childless decedent's separate real property splits between the surviving spouse and the decedent's parents or siblings. A will overrides this split.
- Texas requires two witnesses age 14 or older to validate your willA valid Texas attested will requires the testator's signature and two credible witnesses at least 14 years old, who must sign in the testator's presence.
- Texas recognizes wills entirely in your handwriting without witnessesTexas recognizes holographic wills — wholly handwritten and signed by the testator with no witnesses. Useful as an interim instrument but limited in practice.
- Texas self-proving affidavits let your will skip witness testimony at probateA Texas self-proving affidavit lets a will be admitted to probate without witness testimony. Testator and witnesses sign before a notary at execution.
- Texas small-estate affidavit handles probate up to $75,000TX small-estate affidavit substitutes for full probate when the estate (excluding homestead and exempt property) is $75,000 or less. Real property has limits.
- Texas can probate a will as muniment of title with no executor appointedTX muniment-of-title probate admits a will and transfers property without appointing an executor or opening administration — a distinctive TX alternative.
- Texas independent administration runs probate without ongoing court supervisionTX independent administration lets the PR handle probate without court supervision. Default for testate; available for intestate by agreement.
- Texas durable power of attorney must use specific durability languageTX POAs are durable only if expressly stated. Without durability language, POA dies at the principal's incapacity. TX provides a statutory durable POA form.
- Texas medical power of attorney is separate from financial POATX medical POA is a separate document from financial POA. Required for health care decisions during incapacity; default consent rules apply if absent.
- Texas transfer-on-death deed transfers real property without probateTX TOD deeds transfer real property to a named beneficiary at death without probate. Must be recorded during the owner's lifetime in the property's county.
- Texas has no elective share — community property is the spouse's protectionTX has no elective share. Surviving spouse cannot override the will to claim a forced share. Community property and homestead are primary spousal protections.
- Texas homestead protections give the surviving spouse a right to occupy regardless of ownershipTX surviving spouses have constitutional right to occupy the homestead for life regardless of who inherits ownership. Strong survivor protection under TX law.
- Texas does not recognize tenancy by the entiretyTX does not recognize tenancy by the entirety. Couples use JTWROS or community property with right of survivorship — without entirety creditor protection.
- Texas has no state estate tax or inheritance tax — federal threshold onlyTX has no state estate or inheritance tax. Estate planning for TX residents follows only the federal estate tax with the $13.99M exclusion (2026, indexed).
- Texas business succession planning must coordinate buy-sell agreements with community propertyTX business owners must align buy-sell agreements with community property law: a spouse's community interest can disrupt succession planning if unaddressed.
- Texas retirement accounts have community property considerations for spousal rolloversTX retirement accounts have a community property layer atop federal spousal rollover rules. Marriage-period contributions retain CP character after rollover.
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Check your situationThis information is educational, not legal advice. For complex situations, consult a licensed Texas attorney.