Practice Areas
Common Estate Planning Matters in Texas
Estate planning in Texas involves navigating the state's distinctive community property system and probate courts across 254 counties. The Texas Probate Code governs wills, trusts, and estate administration, with proceedings typically handled in county courts at law or statutory probate courts. Texas offers several probate alternatives including muniment of title and small estate affidavits that can streamline the process. The state's lack of income tax makes it attractive for estate planning, but federal estate tax considerations still apply for larger estates.
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Revocable and irrevocable trusts
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Estate Planning Attorneys by City in Texas
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Why It Matters
Why Hire an Estate Planning Attorney in Texas?
Estate planning requires deep knowledge of Texas-specific laws including homestead exemptions, community property rules, and county-specific probate procedures. Only attorneys licensed by the State Bar of Texas can practice in Texas courts and understand the nuances of local probate judges and filing requirements. Out-of-state attorneys cannot represent clients in Texas probate matters or provide advice on Texas-specific estate planning strategies.
Local Courts
Estate planning matters in Texas are handled by county courts at law, statutory probate courts, or constitutional county courts depending on the county. Harris County (Houston) has dedicated probate courts, while smaller counties may handle probate matters in constitutional county courts.
Texas Law
Texas Estate Planning Laws & Deadlines
Texas follows community property laws where most assets acquired during marriage are jointly owned, significantly impacting estate planning strategies. The state allows holographic (handwritten) wills and has specific requirements for will execution including two witnesses. Texas Estates Code provides for family allowances and homestead protections that can affect estate distribution and must be considered in comprehensive planning.
Key Facts
What to Know About Estate Planning in Texas
Cost to You
Free to submit your case
When to Act
As soon as possible — estate planning is for everyone, not just the wealthy
Attorney Cost
Flat fees and hourly rates vary by attorney.
Our Network
Estate Planning attorneys as they join
Common Questions
Frequently Asked Questions
Does Texas require probate for all estates?
No, Texas offers several alternatives to full probate including muniment of title for estates with wills and no debts, small estate affidavits for estates under $75,000, and summary administration for qualifying estates. These alternatives can save time and money compared to dependent administration.
How does community property law affect estate planning in Texas?
In Texas, most property acquired during marriage is community property owned equally by both spouses, which affects how assets pass at death. Separate property includes assets owned before marriage or received by gift or inheritance, and can be disposed of freely by will.
What makes a will valid in Texas?
Texas recognizes both attested wills (signed by testator and two witnesses) and holographic wills (entirely handwritten and signed by testator). The testator must be at least 18 years old, married, or a member of the armed forces, and have testamentary capacity when executing the will.
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