A will is the most fundamental estate planning document — and one of the most commonly avoided. Many Austin residents put it off indefinitely, assuming it's complicated or expensive, or that they don't have enough to worry about. The reality is that anyone with assets, a child, or property they care about distributing correctly has something at stake in making a will.
Texas intestate succession rules — the default that applies when someone dies without a will — follow a specific statutory formula based on marital status and whether children are involved. For a married person with children from the current marriage, the surviving spouse typically takes the community property outright and shares the separate property with the children according to a statutory formula. The result is often not what people would have chosen.
For blended families, the intestate rules can be particularly problematic. A surviving spouse from a second marriage may receive less than expected while children from a prior marriage receive more — or vice versa, depending on the property type. A will allows you to specify exactly how you want your estate divided regardless of the default rules.
A will can also accomplish things the intestate rules cannot: naming a specific person as executor (the person who manages the estate through probate), naming a guardian for minor children if both parents are deceased, making specific bequests of specific items to specific people, and placing conditions on inheritance.
Texas law requires two witnesses for a formally executed will. A holographic (handwritten) will can be valid without witnesses, but it must be entirely in the testator's handwriting — a partially typed will with handwritten additions is not a valid holographic will. Online will services and fill-in-the-blank forms create wills that often fail the Texas execution requirements or lack the specificity needed for blended families, business interests, or property in multiple states.
We connect Austin residents with estate planning attorneys who draft wills that meet Texas execution requirements, account for community and separate property distinctions, and address the specific situations — minor children, blended families, real estate, business interests — that make a cookie-cutter form inadequate.
What You Need to Know
Key Facts About This Case Type
Dying without a will triggers intestate succession
Texas Estates Code intestacy rules determine who inherits your property if you die without a valid will. The result depends on marital status, number of children, and property classification — often not matching what you would have chosen.
Two witnesses are required for formal wills
A formal Texas will must be signed in front of two witnesses who also sign. Notarization is not required but is commonly done for a self-proved will (which simplifies probate). Holographic wills need no witnesses but must be entirely handwritten.
Guardianship appointments require a will
If you have minor children, a will is the only way to nominate who would raise them if both parents die. A court isn't bound by the nomination, but it gives significant weight to a parent's documented wishes.
A will alone doesn't avoid probate
A will must generally go through probate to transfer assets held in the deceased's name. Living trusts, beneficiary designations, and joint ownership bypass probate — a complete estate plan addresses all of these vehicles.
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