Estate Planning Laws in Texas.

Comprehensive Texas probate and estate statute enacted in 2014 to replace and reorganize the former Probate Code. Governs wills, intestacy, probate, guardianships, and trusts.

A will must be in writing, signed by the testator (or another at the testator's direction in the testator's presence), and attested by 2 or more credible witnesses.

A holographic will is valid if entirely in the testator's handwriting and signed. Witnesses are NOT required.

Texas's distinctive Independent Administration allows executors/administrators to administer estates with minimal court supervision (no formal accounting required). Far more streamlined than most states and strongly preferred in practice.

Texas is a community-property state. Property acquired during marriage (other than by gift, devise, or descent) is presumed community property. At death, the surviving spouse retains their half; the decedent's half passes by will or intestate succession.

Estates with aggregate assets not exceeding $75,000 (excluding homestead and exempt property) may be administered via Small Estate Affidavit.

Texas Constitution protects the homestead from forced sale by general creditors with NO dollar cap — among the strongest homestead protections in the U.S. Limited exceptions include mortgages, taxes, home-equity loans, and home improvement loans.

Texas permits owners of real property to execute recorded Transfer-on-Death Deeds. Property passes automatically at death outside of probate.

Texas has no estate tax and no inheritance tax.

Texas authorizes statutory durable powers of attorney for financial matters and medical powers of attorney for health-care decisions.