Estate Planning

Austin Estate Planning Attorneys

A will done right protects your family. A trust done right skips probate entirely. We connect Austin residents with estate planning attorneys who take the time to understand what you're actually trying to accomplish.

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Practice Areas

Estate Planning Services in Austin

Estate planning is not one document. It's a set of decisions about who gets what, who decides for you if you can't, and how your family avoids unnecessary court involvement. Find your situation below. Need help finding the right attorney? Learn how our Austin attorney referral service connects you with the right estate planning attorney for your specific situation.

Wills

A valid Texas will directs how your property is distributed, names guardians for minor children, and avoids the default rules of intestate succession. Dying without one in Texas means the state decides.

Wills Attorneys

Living Trusts

A revocable living trust lets your assets pass to beneficiaries without probate — privately and without the delay and cost of court supervision. It also creates a plan for incapacity management during your lifetime.

Living Trusts Attorneys

Probate

Texas probate can be relatively streamlined compared to other states — but it still requires court filings, proper notices, and compliance with the Texas Estates Code. The right attorney makes this manageable.

Probate Attorneys

Power of Attorney

A durable power of attorney designates who makes financial decisions on your behalf if you become incapacitated. Without one, your family may need a court-supervised guardianship proceeding.

Power of Attorney Attorneys

Elder Law

Elder law covers Medicaid planning, long-term care decisions, nursing facility agreements, and protecting assets while maintaining eligibility for benefits. The rules in Texas are complex and time-sensitive.

Elder Law Attorneys

Guardianship

When a person is unable to make decisions for themselves and no power of attorney exists, Texas courts can appoint a guardian. The process is formal — attorneys help navigate the statutory requirements.

Guardianship Attorneys

Special Needs Trusts

Special needs trusts and Medicaid planning strategies allow individuals with disabilities to receive inheritances or legal settlements without losing government benefit eligibility.

Special Needs Trusts Attorneys

Contested Wills

Will contests in Texas arise from allegations of undue influence, lack of capacity, or fraud. These are probate litigation matters requiring attorneys who practice both estate law and trial work.

Contested Wills Attorneys

Texas Estate Law

What Austin Residents Should Know

Texas has its own probate rules

Texas probate is governed by the Texas Estates Code — not federal law, not the rules of other states. Travis County has its own probate court. An Austin estate planning attorney knows the local procedures, the local judges, and the specific forms required.

Intestate succession is not what most people want

Dying without a will in Texas means the state distributes your property according to the Texas Estates Code intestacy rules — which may not reflect your wishes. Blended families, unmarried partners, and stepchildren are particularly vulnerable to unintended outcomes.

A living trust is not just for wealthy families

Revocable living trusts are commonly used by middle-class families specifically to avoid probate. The cost of the trust (often $1,500–$3,500 for a basic plan) is frequently less than the cost of a contested or even uncontested probate proceeding.

Powers of attorney must be properly executed

Texas has specific requirements for durable powers of attorney — signature, witnesses, and notarization. A document that fails these requirements may be invalid when most needed. Attorneys who specialize in estate planning execute these correctly the first time.

Common Questions

Estate Planning FAQs

A basic will package in Austin typically runs $500–$1,500 for an individual or $800–$2,500 for a married couple, depending on complexity. A full revocable living trust package (trust + pour-over will + powers of attorney + healthcare directive) commonly runs $1,500–$3,500. These are flat-fee arrangements at most estate planning firms — ask upfront.
Most wills in Texas do require probate to transfer assets held in the decedent's sole name. However, Texas has several simplified probate alternatives — including muniment of title for estates with no debt — that can reduce the burden. Assets held jointly, in a trust, or with named beneficiaries (like life insurance or IRAs) pass outside of probate entirely.
Texas allows handwritten (holographic) wills without an attorney, but these require strict compliance with formatting rules and create real risks — particularly for blended families, business owners, or anyone with property in multiple states. Online will services are similarly limited. An estate planning attorney ensures the document is valid and actually accomplishes what you intend.
A will takes effect at death and typically requires probate. A living trust takes effect when funded and allows assets to pass directly to beneficiaries without probate — faster, private, and often less expensive for complex estates. Wills can also name guardians for minor children; trusts cannot. Most complete estate plans include both.

From Our Legal Blog

Estate Planning Guides for Austin Residents

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