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Estate Planning FAQ
Our estate planning FAQ answers common Fort Worth questions about wills, powers of attorney, probate, trusts, and protecting your family’s future today.
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Estate Planning FAQ
What happens if I die without a will in Fort Worth?
If a Tarrant County resident dies without a valid will, Texas intestacy law (Estates Code Chapter 201) dictates how assets are divided among surviving spouses, children, or other relatives, which may differ significantly from what the person would have chosen.
What makes a will valid in Texas?
A written will is generally valid in Texas if signed by the testator and two witnesses age 14 or older (Estates Code § 251.051); Texas also recognizes valid handwritten (holographic) wills signed entirely in the testator’s own handwriting.
What is a small estate affidavit?
Under Texas Estates Code Chapter 205, a small estate affidavit lets qualifying small, largely debt-free estates transfer assets to heirs without a full probate administration, saving time and cost.
Do I need both a will and a power of attorney?
Most Texas estate plans include both: a will directs how assets are distributed after death, while a Statutory Durable Power of Attorney (Estates Code Chapter 751) and Medical Power of Attorney let a trusted person act for you during your lifetime if you become unable to.
A practical estate plan can include a will, durable power of attorney, medical power of attorney, advance directive, beneficiary designations, and documents that address guardianship preferences. Trusts may be useful in some situations, but they are not automatically necessary for every family. If a person dies without a valid will, Texas intestacy rules determine who inherits, and the result may differ from what the person intended.
A valid will must satisfy legal requirements, and proper signing and witness procedures matter. Small-estate affidavits and other simplified procedures are available only when specific conditions are met. Review beneficiary designations on life insurance, retirement accounts, and payable-on-death accounts because those instructions may control outside the will. Keep original documents secure and tell trusted people where they can be found. Revisit the plan after marriage, divorce, a birth or death, a major move, or a significant change in property. Before meeting with an attorney, prepare a list of assets, debts, family members, intended decision-makers, and questions about probate or incapacity. Individual advice is important because family structure, ownership, and tax considerations vary. Regular reviews help keep documents aligned with current wishes.
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