When someone dies without an estate plan in Texas, state law takes over to determine who receives their possessions. The court will appoint an administrator, who may or may not be a family member. This is just one reason to have an estate plan, says a recent article, “You Have an Estate Plan—Whether You Know It or Not,” from The Hastings Banner.
Estate planning in Texas is about clarifying your wishes and making it easier for loved ones to manage your estate after your death. Assets are distributed according to the directions in the will or trust; the person you name will oversee making decisions in case of incapacity and will have guidance about your wishes in a medical crisis.
Here are the documents used in most Texas estate plans:
Last will and testament. This document directs how your assets should be distributed after your death and names a person, known as an executor, who will oversee the process in a Texas probate court. If you have minor children, the will is the document used to name a guardian to raise your children. A good plan will also nominate guardians for children outside of the will, which is allowed in Texas in order to cover a time period where you are still living, but unable to care for your kids.
Durable Power of Attorney. Everyone needs to plan for incapacity as much as for death. If you become incapacitated, an estate plan includes a power of attorney for finances. The financial power of attorney designates a person to make financial decisions on your behalf.
Medical power of Attorney. If you are incapacitated and can’t communicate your wishes, someone who has been appointed as your healthcare proxy will be able to speak with healthcare providers and make medical decisions on your behalf. Otherwise, your decisions may be made by doctors or by family members you would not choose. Privacy laws are taken very seriously by hospitals and doctors, so you’ll also want a HIPAA Authorization release for anyone you want to have access to medical records.
Beneficiary designations. Not all assets pass through the will. Retirement accounts, pension plans and any account with a beneficiary designation go directly to the recipient without going through probate. Assets held in a trust are distributed to the beneficiaries according to the terms of the trust.
An estate planning attorney can help create a plan to prevent legal battles, avoid confusion and give loved ones a roadmap, so they will know what to do if you are incapacitated or when you die.
Life changes, and estate plans need to change along with it. In Dallas, Texas (and anywhere else!), estate planning documents should be reviewed at least every three years and immediately after major life events.
Remember, the ultimate purpose of estate planning is to protect yourself, those you love and those you leave behind.
Reference: The Hastings Banner (July 16, 2026) “You Have an Estate Plan—Whether You Know It or Not”
If you don’t have this planning in place, or if you are not sure that the documents you have are up to date or will actually work, click here to schedule a complimentary 15-minute call with me. Let’s start that conversation now so that you can gain the peace of mind you deserve.
