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Plan an estate in Texas
Last reviewed Oct 29, 2026 · How we check · Report a correction
Step 1: Make a will
Texas rule: Two witnesses, or none if wholly handwritten. A notarized self-proving affidavit is optional.
- A will must be in writing, signed by the testator, and attested by two or more credible witnesses over age 14, unless it is wholly in the testator’s handwriting. Source: Tex. Estates Code § 251.051–.052, checked Oct 29, 2026.
- A handwritten (holographic) will needs no witnesses. Source: Tex. Estates Code § 251.052, checked Oct 29, 2026.
- A will can be made self-proved with an affidavit signed before an officer authorized to administer oaths. Source: Tex. Estates Code § 251.101–.107, checked Oct 29, 2026.
Step 2: Financial power of attorney
- Texas provides a Statutory Durable Power of Attorney form. Source: Tex. Estates Code § 752.051, checked Oct 29, 2026.
- A durable power of attorney must be signed by the principal, include durability wording (for example “not affected by subsequent disability or incapacity”), and be acknowledged before a notary. No witnesses are required. Source: Tex. Estates Code § 751.0021, checked Oct 29, 2026.
Step 3: Medical power of attorney / advance directive
Official form or source: Texas HHS – Medical Power of Attorney form
- Texas HHS publishes the official Medical Power of Attorney Designation of Health Care Agent form in English and Spanish. Source: Texas HHS, checked Oct 29, 2026.
- The medical power of attorney must be signed before two qualified witnesses (at least one independent of the agent, family, heirs and attending physician) or acknowledged before a notary. Source: Tex. Health & Safety Code §§ 166.003, 166.154, checked Oct 29, 2026.
Step 4: Decide how each asset passes
Transfer on death deed for real estate: Yes. Texas allows transfer on death deeds under the Texas Real Property Transfer on Death Act. The deed must be recorded in the county deed records before death, and it cannot be signed by an agent under a power of attorney.
- An individual may transfer real property effective at death by a transfer on death deed; it must be recorded before death in the county where the land is. Source: Tex. Estates Code §§ 114.051, 114.055, checked Oct 29, 2026.
- A TOD deed may not be created through a power of attorney, and a will cannot revoke it. Source: Tex. Estates Code §§ 114.054, 114.057, checked Oct 29, 2026.
Also review beneficiary designations on retirement accounts and life insurance, and POD/TOD designations on bank and brokerage accounts. How to avoid probate →
Step 5: Check estate tax
- Texas has no state estate tax or inheritance tax. Source: Texas Comptroller, checked Oct 29, 2026.
Documents to gather
- Signed will (original) and any codicils
- Financial power of attorney
- Health care directive / medical power of attorney
- Deeds and any recorded TOD deed
- Beneficiary designation confirmations
- A list of accounts, debts, insurance and digital accounts, kept where your executor can find it
When to get professional help
This site gives general legal information, not legal advice. Consider talking to a licensed attorney in the state if:
- someone may contest the will, or family members disagree;
- the estate owns a business, out-of-state real estate, or may owe estate tax;
- debts may be larger than the assets;
- you are unsure whether a deadline applies to you, or one may already have passed.
Many state and local bar associations run lawyer referral services; your probate court’s self-help page may list them.