How Texas Estate Planning Works
The documents that protect your family — explained in plain English. Read along below, or download the full guide to keep and share.
Texas Estate Planning Made Simple
How a Will Works — and How to Skip Probate
Your will tells the court who gets what. But many of your biggest assets can pass straight to your loved ones — no court, no waiting — if you set them up right.
Through your will → probate court
Skips probate → straight to your people
What your will controls
- ▸A home titled in your name alone
- ▸Bank accounts with no beneficiary named
- ▸Vehicles with no beneficiary named
- ▸Personal belongings & keepsakes
- ▸Who manages your estate (your executor)
- ▸A guardian for your minor children
These pass through your will — which usually means probate court before your family receives them.
What passes outside your will
- ▸Life insurance with a named beneficiary
- ▸Retirement accounts (401(k), IRA)
- ▸Pay-on-death / transfer-on-death accounts
- ▸Property owned jointly with survivorship
- ▸Real estate with a Transfer on Death Deed
- ▸A vehicle with a TxDMV beneficiary
These go straight to the person you named — no probate, no court delay.
Three ways to keep assets out of probate
Name beneficiaries
Add a beneficiary to accounts, life insurance, and retirement plans so they pay out directly.
Transfer on Death Deed
A TODD lets your Texas home or land pass to your heirs without probate.
Vehicle beneficiary
Name who inherits your car on the title itself, through the Texas DMV.
Yes — your car can skip probate too
Texas lets you name a beneficiary right on your vehicle title with the DMV (Form VTR‑121). When the time comes, that person claims the title with a death certificate — no court required. If no beneficiary was named, your heirs can still transfer it with an Affidavit of Heirship for a Motor Vehicle. Your will is the safety net behind it all.
This is general educational information about Texas estate planning, not legal advice. Your situation is unique — a quick call is the best way to find the right setup for your family.
Planning for the Unexpected
How a Durable Power of Attorney Works
It lets someone you trust manage your money and property if you ever can’t — without your family going to court.
● Durable = stays valid if you become incapacitated
● Ends when you pass away — then your will takes over
What your agent can handle
- ▸Pay bills and manage your bank accounts
- ▸Buy, sell, or manage real estate
- ▸Handle investments and retirement accounts
- ▸File taxes and manage government benefits
- ▸Run a business you own
- ▸Sign contracts and handle legal matters
Good to know
- ▸Works only for what you authorize
- ▸Your agent must act in your best interest
- ▸Can start now or only if you become incapacitated
- ▸Does not cover medical care (see the Medical POA)
- ▸Ends automatically when you pass away
Why it matters
Without a durable power of attorney, if you ever couldn’t act for yourself, your family might have to ask a court to appoint a guardian — a slow, public, and costly process. This lets the person you trust step in right away.
This is general educational information about Texas estate planning, not legal advice. Your situation is unique — a quick call is the best way to set this up the right way for you and your family.
Planning for the Unexpected
How a Medical Power of Attorney Works
It names someone to make your health-care decisions if you’re ever unable to speak for yourself.
● Kicks in only if a doctor says you can’t decide
● Covers health care only — not money
What your agent can decide
- ▸Choose your doctors and hospitals
- ▸Consent to or refuse treatments
- ▸Approve surgery and medications
- ▸Decide on care at home, hospital, or hospice
- ▸Access your medical records
Good to know
- ▸Applies only when a doctor says you can’t decide
- ▸Your agent should follow your known wishes
- ▸You stay in control whenever you’re able
- ▸Covers health care only — not money (see Durable POA)
- ▸You can change who you name anytime
Works with your Directive
Your Directive to Physicians puts your end-of-life wishes in writing; your Medical Power of Attorney names the person to speak for you on everything else. Together, your wishes and your decision-maker are both clear.
This is general educational information about Texas estate planning, not legal advice. Your situation is unique — a quick call is the best way to set this up the right way for you and your family.
Also Called a Living Will
How a Directive to Physicians Works
Your own written wishes about life-sustaining treatment if you ever face a terminal or irreversible condition.
● Applies to a terminal or irreversible condition
● Your voice — it speaks directly for you
What it covers
- ▸Whether to accept or decline life-sustaining treatment
- ▸Your wishes if you’re terminally or irreversibly ill
- ▸Comfort care and quality-of-life choices
- ▸Speaks directly for you — no agent needed
Good to know
- ▸Applies only to a terminal or irreversible condition
- ▸Takes effect when a doctor certifies that condition
- ▸It states your wishes; the Medical POA names your decision-maker
- ▸Spares your family an impossible decision
- ▸You can update or revoke it anytime
Pairs with your Medical POA
The directive says what you want; the medical power of attorney says who speaks for you. Side by side, they make sure your voice is followed — even when you can’t say the words yourself.
This is general educational information about Texas estate planning, not legal advice. Your situation is unique — a quick call is the best way to set this up the right way for you and your family.
Ready to protect your family?
A free call is the easiest way to find the right setup for you. We’ll walk you through it and prepare everything — most orders completed within one business day.
Book a free call →Or call directly: (713) 588-5914 · Download the guide (PDF)