Texas Estate Planning Checklist — What Do You Really Need?

Estate planning sounds like something wealthy people do with teams of lawyers. In reality, it's four documents, most Texans need all four, and the whole thing can be done in under an hour. The people who suffer when these documents are missing are not the ones who die — they're the families left behind.

This checklist covers what each document does, who needs more than the basics, and the Texas-specific rules that apply to each.

The Four Essential Documents

1. Last Will & Testament

What it does: Names who receives your property after death. Names an executor to manage the process. Names a guardian for minor children. Can create a trust to hold assets for children until a specified age.

Texas requirement: Signed by testator, two adult witnesses, and a notary (for self-proving status). (Tex. Est. Code §251.051, 251.104)

Who needs it: Anyone over 18. If you have children, a home, a vehicle, a bank account, or any preference about who gets your belongings — you need a will.

2. Durable Power of Attorney (DPOA)

What it does: Authorizes a person you choose (your “agent”) to manage your financial affairs — bank accounts, property transactions, business decisions, tax filings — if you become incapacitated. The “durable” designation means it remains valid even if you lose mental capacity.(Tex. Est. Code §751.001 et seq.)

Without it: If you become incapacitated without a DPOA, your family must petition a court to appoint a guardian of your estate — an expensive, time-consuming process that removes your ability to choose who manages your affairs.

Who should be your agent: Typically a spouse, adult child, or trusted friend who is organized, financially responsible, and willing to take on the role. Name an alternate in case your first choice is unavailable.

3. Medical Power of Attorney

What it does: Names a “health care agent” who makes medical decisions on your behalf if you are unable to communicate your wishes — for any reason, temporary or permanent. (Tex. Health & Safety Code §166.151)

Why it matters: Hospitals and physicians are legally prohibited from discussing your care with family members who are not your designated agent. Without a Medical POA, your family may be unable to get information or make decisions during a medical emergency.

Scope: Your agent has authority over all medical decisions except those you specifically limit. You can exclude certain treatments (e.g., experimental treatment) in the document itself.

4. Advance Healthcare Directive (Living Will)

What it does: Provides written instructions to physicians about life-sustaining treatment if you are in a terminal or irreversible condition and cannot communicate. Texas calls this a “Directive to Physicians” and provides a statutory form. (Tex. Health & Safety Code §166.031)

The difference from Medical POA: The Medical POA designates a person to make decisions. The Advance Directive gives instructions directly to physicians. Both are needed — they work together.

Witnesses: Two adult witnesses must sign. Neither can be a relative, beneficiary, healthcare provider, or operator of a healthcare facility.(Tex. Health & Safety Code §166.003)

When You Need More Than the Basics

Revocable Living Trust

A revocable living trust holds your assets during your lifetime and transfers them to beneficiaries at death — without probate. Useful if:

• Your estate is over $250,000 and you want to avoid probate costs and delay
• You own real property in more than one state (avoids ancillary probate in each state)
• You have minor children and want distribution at an age other than 18
• You value privacy (wills become public record in probate; trusts do not)

MaxWills offers a Trust Package at $499, which includes the trust instrument, pour-over will, and attorney review of all documents.

Special Needs Trust

If a beneficiary receives SSI, Medicaid, or other means-tested government benefits, leaving them an inheritance outright disqualifies them from those benefits. A special needs trust (third-party SNT) holds the inheritance and supplements — rather than replaces — their benefits. (42 U.S.C. §1396p(d)(4)(A)) Do not leave money directly to a person receiving government benefits without consulting an attorney first.

Beneficiary Designations

Your will has no control over accounts with named beneficiaries — life insurance, 401(k), IRA, bank accounts with payable-on-death designations, and brokerage accounts with transfer-on-death designations all pass outside your will regardless of what the will says. Review and update these beneficiary designations at every major life change.

Texas Estate Planning Cost Comparison

Stephen T. Bowling

Licensed Texas Attorney · Bar No. 24087194 · Founder, Texas Defense Team & MaxWills

Stephen practices criminal defense and estate planning in Travis County, Texas. MaxWills was built to make attorney-quality estate documents accessible to every Texan.