Texas has already written a plan for you. Replace it with your own.
About this book
You know you should have a will and powers of attorney, but you are not sure what Texas requires or how to sign them so they hold up. The Texas Estate Planning Guide explains the four cornerstone documents and how to put them in place.
The guide starts with the vocabulary: testator, executor, probate and non-probate assets, and Letters Testamentary. It explains who can make a Texas will, including capacity under §251.001 and testamentary intent. It covers will formalities under §251.051, including two witnesses, age 14 and conscious presence, and the interested-witness trap in §254.002. It shows why every will should be self-proved under §§251.101 to .107.
You will also learn about the durable power of attorney, including the notary and the hot powers in §751.031(b), the medical power of attorney, and the directive to physicians. The guide lays out the probate workflow and the executor's calendar, the four-year probate deadline in §256.003, and the presumption of revocation when an original will is lost. It closes with eight pitfalls, including the low-cost DIY form that can be expensive to fix.
This guide is for Texas adults and families who want to prepare these documents with care. Legal information, not legal advice.
What's inside
- The two codes and the vocabulary — testator, executor, probate vs. non-probate, Letters Testamentary
- Who can make a Texas will — capacity (§251.001), the four-part test, and testamentary intent
- Will formalities (§251.051): two witnesses, age 14, conscious presence — and the interested-witness trap (§254.002)
- Why every will should be self-proved (§§251.101–.107) — the notarized page that keeps your family out of a witness hunt
- The durable POA (notary + hot powers §751.031(b)), the medical POA, and the directive to physicians
- The probate workflow and the executor's calendar — oath by 20, publish by 30, notice by 60, inventory by 90
- The 4-year probate deadline (§256.003) and the lost-original presumption of revocation (§256.156)
- The eight pitfalls — including the $99 DIY form that can cost $10,000+ to fix
Why readers can trust these guides
Every STACKED LEGAL guide is legal education in plain English, cited to Texas law, and dated so you know how current it is.
Cited, so you can check it
Every rule names the section of Texas law it comes from.
Plain English
Written for the person in the situation, not for lawyers.
2026 Edition
States when it was written and the law it relies on.
Legal education, not legal advice. STACKED LEGAL® is a publisher, not a law firm. Buying or reading this book creates no attorney-client relationship and promises no outcome. Laws change; verify current law and talk to a licensed Texas attorney about your situation.