Question 1

What makes a will valid in Texas?

Accepted Answer

A person of sound mind may make a will if 18 or older, is or has been married, or is serving in the U.S. armed forces (or an auxiliary or the U.S. Maritime Service). The will must be in writing, signed by the testator (or by another person in the testator's presence and at the testator's direction), and attested by two or more credible witnesses at least 14 years old who sign in the testator's presence.

Question 2

Is a handwritten will valid in Texas?

Accepted Answer

Yes. A will written wholly in the testator's handwriting does not need to be attested by witnesses. It can be made self-proved during the testator's lifetime by attaching the testator's own affidavit.

Question 3

Does a will need to be notarized in Texas?

Accepted Answer

Yes. The testator and the attesting witnesses sign a self-proving affidavit before an officer authorized to administer oaths (such as a notary), who affixes an official seal; it is attached to the will. Alternatively, the will can be executed, attested and made self-proved at the same time using statutory language. A self-proved will can be admitted to probate without witness testimony.

Question 4

Who inherits if someone dies without a will in Texas?

Accepted Answer

No spouse: everything to children and their descendants; if none, to the parents equally (if one parent survives, half to that parent and half to siblings and their descendants); if no parents, to siblings and their descendants; then to the grandparents' lines. Spouse survives: community property goes entirely to the spouse if all the decedent's children are also the spouse's children (or there are none); if the decedent had a child who is not the spouse's child, the decedent's half of the community property goes to the decedent's children. Separate property with children: the spouse gets one-third of the personal property and a life estate in one-third of the land; the children get the rest. Separate property with no children: the spouse gets all personal property and half the land; the other half goes to parents and siblings (all to the spouse if none survive).

Question 5

What is a surviving spouse entitled to in Texas?

Accepted Answer

Texas is a community property state and has no elective share. Each spouse owns one-half of the community property; at death, a spouse can leave only the decedent's own half of the community property plus the decedent's separate property. Without a will, the community estate passes as described under intestate succession.

Question 6

What is the small estate limit in Texas?

Accepted Answer

Available only when the decedent died without a will. At least 30 days must have passed since death, no petition for a personal representative may be pending or granted, and estate assets (excluding homestead and exempt property) must not exceed $75,000 and must exceed known debts. The affidavit is sworn to by two disinterested witnesses and each distributee with legal capacity, lists all known assets and debts and the family history, is filed with the court clerk, and must be approved by the judge. It does not transfer real estate, except that a homestead that is the only real property may pass if the approved affidavit is recorded in the county deed records.

Question 7

Is there a simplified probate process in Texas?

Accepted Answer

Options include: (1) probate of a will as a muniment of title, when the estate owes no unpaid debts other than debts secured by real estate liens, or administration is otherwise unnecessary; (2) independent administration, created by the will or by agreement of all distributees, which limits court supervision; (3) summary proceedings for small estates when, after the inventory is filed, the estate (excluding homestead, exempt property and family allowance) does not exceed the amount needed to pay Class 1-4 claims; and (4) the small estate affidavit for intestate estates of $75,000 or less.

Question 8

How does probate work in Texas?

Accepted Answer

File an application to probate the will (generally within four years of death) or for letters of administration in the court with probate jurisdiction; the court admits the will and issues letters; within one month after letters, publish notice to creditors (and send it to the Comptroller if the decedent owed state-administered taxes) and, within two months, notify secured creditors; file a verified inventory, appraisement and list of claims before the 91st day after qualifying (an independent executor may file an affidavit in lieu of inventory in some cases); pay claims and distribute; close the estate.

Question 9

How long do creditors have to file claims against an estate in Texas?

Accepted Answer

Claims may generally be presented any time before the estate is closed if not barred by the general statutes of limitation. A personal representative may send an unsecured creditor a notice requiring the claim to be presented before the 121st day after the creditor receives the notice, or the claim is barred. Secured creditors must specify how their claim is to be treated within the later of six months after letters are granted or four months after receiving the required secured-creditor notice.

Question 10

Who can be an executor in Texas?

Accepted Answer

Letters go first to the executor named in the will, then (in order) to the surviving spouse, principal devisee, other devisees, next of kin, creditors and others. Disqualified: incapacitated persons, unpardoned felons (unless named in the will and approved by the court), a nonresident who has not appointed a resident agent for service of process and filed that appointment with the court, corporations not authorized to act as fiduciaries in Texas, and persons the court finds unsuitable. A bond is generally required unless the will waives it (and the court finds the executor qualified) or the representative is a corporate fiduciary.

Question 11

Does Texas allow transfer-on-death deeds?

Accepted Answer

Yes. An individual may transfer real property at death by a transfer on death deed. The owner needs the same capacity as to make a contract, and the deed cannot be made through a power of attorney. It must contain the elements and formalities of a recordable deed, state that the transfer occurs at the owner's death, and be recorded in the deed records of the county clerk where the property is located before the owner dies. It is revocable, and no notice to or acceptance by the beneficiary, or consideration, is required.

Question 12

What does a quitclaim deed need to be valid in Texas?

Accepted Answer

To be recorded, a deed must be signed and acknowledged or sworn to by the grantor before an officer authorized to take acknowledgments (such as a notary), or signed and acknowledged in the presence of two or more credible subscribing witnesses. A person presenting the deed in person for recording must show photo identification to the county clerk. Deeds are recorded with the county clerk where the property is located.

Question 13

What are the requirements for a power of attorney in Texas?

Accepted Answer

Texas has a statutory form called the Statutory Durable Power of Attorney; other forms may also be used. A durable power of attorney must be signed by the adult principal (or by another adult at the principal's direction in the principal's conscious presence) and acknowledged before a notary or other officer authorized to take acknowledgments. It is durable only if it states that it is not affected by the principal's later disability or incapacity (or that it becomes effective on incapacity), or uses similar words. A power of attorney used for a real estate transaction requiring a recorded instrument must be recorded in the county.

Question 14

What are the requirements for a health care directive in Texas?

Accepted Answer

Texas provides a Directive to Physicians and Family or Surrogates (living will) and a Medical Power of Attorney, each with a statutory form. Either must be signed in the presence of two qualified witnesses (at least one of whom must meet additional qualification rules) who also sign, or signed and acknowledged before a notary instead of witnesses. The medical power of attorney must be in substantially the statutory form.

Question 15

Does Texas have an estate or inheritance tax?

Accepted Answer

No state estate or inheritance tax. Since November 4, 2025, the Texas Constitution prohibits the Legislature from imposing a state tax on a deceased person's estate because of death, including an estate, inheritance or death tax.

Question 16

How do I make a living will in Texas?

Accepted Answer

Texas's living will is the 'Directive to Physicians and Family or Surrogates,' with a statutory form. It must be signed in the presence of two qualified witnesses who also sign (at least one of whom must meet additional qualification rules), or signed and acknowledged before a notary instead of witnesses.

Question 17

How do I make a medical power of attorney in Texas?

Accepted Answer

Texas uses a Medical Power of Attorney, which must be in substantially the statutory form. It must be signed in the presence of two qualified witnesses who also sign, or signed and acknowledged before a notary instead of witnesses.

Question 18

How do living trusts work in Texas?

Accepted Answer

Texas has not adopted the Uniform Trust Code; trusts are governed by the Texas Trust Code (Tex. Prop. Code Title 9, Subtitle B). A trust is created only if the settlor manifests an intention to create one, and no consideration is needed. Under the statute of frauds, a trust in real or personal property is enforceable only if there is written evidence of its terms signed by the settlor or the settlor's agent (with limited exceptions for personal property). Unlike many states, a Texas trust is revocable unless the instrument expressly makes it irrevocable, and if it was created in writing, any revocation or amendment must also be in writing. Property titled in the trustee's name passes under the trust terms without probate; assets left in the decedent's own name may still need probate.

Question 19

What does an executor have to do in Texas?

Accepted Answer

Main duties and deadlines for a Texas personal representative: within one month after receiving letters, publish a notice to creditors in a county newspaper (and send it to the Comptroller if the decedent owed state-administered taxes), and within two months notify secured creditors; within 60 days after the order admitting a will to probate, give notice to each beneficiary named in the will, and by the 90th day file an affidavit or certificate with the clerk confirming the notices were given; before the 91st day after qualifying (unless the court allows more time), file a verified inventory, appraisement and list of claims (an independent executor may in some cases file an affidavit in lieu of inventory); pay claims, expenses and taxes; then distribute the estate and close it.

Question 20

How do I get letters testamentary in Texas?

Accepted Answer

Probate is handled by the county court, a county court at law with probate jurisdiction, or a statutory probate court, depending on the county. An application to probate the will is generally filed within four years after death. Before the 21st day after a will is probated, the court grants letters testamentary to each executor named in the will who is not disqualified and is willing to qualify; if there is no will (or no executor), the court grants letters of administration (or administration with the will annexed). The court's order states the name of the person appointed and the amount of any bond. Once the representative qualifies (oath and any required bond), the clerk issues the letters as a certificate of the clerk, under the court's seal, stating that the representative has qualified.

Question 21

Does Texas have an affidavit of heirship?

Accepted Answer

Texas has both procedures. (1) Proceeding to declare heirship: a court may declare heirship when a person dies intestate owning property in Texas with no administration, or when property was omitted from a probated will or administration, among other cases (Tex. Estates Code ch. 202). (2) Affidavit of facts concerning the identity of heirs: a sworn, acknowledged affidavit about family history, marital status and the identity of the heirs may be recorded in the county deed records; once it has been of record for five years or more, a court must receive it as prima facie evidence of the facts in a heirship proceeding or title suit. The statute provides a suggested form (§ 203.002). The affidavit does not affect the rights of an omitted heir or creditor.

Question 22

How can you avoid probate in Texas?

Accepted Answer

Non-probate transfers available in Texas: (1) Transfer on death deed for real estate, recorded before death (Tex. Estates Code §§ 114.051-114.057). (2) Joint accounts with right of survivorship, P.O.D. accounts and trust accounts at financial institutions (Tex. Estates Code §§ 113.151-113.153). (3) Beneficiary designation for a motor vehicle on the title, naming a sole beneficiary (Tex. Transp. Code § 501.0315; Tex. Estates Code ch. 115). (4) Small estate affidavit for intestate estates of $75,000 or less, excluding homestead and exempt property (Tex. Estates Code ch. 205). (5) Probate of a will as a muniment of title or other simplified options where available. (6) Revocable living trust (Texas Trust Code).

Question 23

Where can I get a power of attorney form in Texas?

Accepted Answer

Texas has an official form for a financial power of attorney: the "Statutory Durable Power of Attorney" in Tex. Est. Code 752.051. The form itself states that it does not authorize anyone to make medical or other health care decisions. To be a durable power of attorney it must be signed by the adult principal (or by another adult at the principal's direction in the principal's conscious presence), contain durability language, and be acknowledged before an officer authorized to take acknowledgments and administer oaths, such as a notary (Tex. Est. Code 751.0021). For health care, the "Medical Power of Attorney" must be in substantially the form in Tex. Health & Safety Code 166.164; it must be signed in the presence of two competent adult witnesses, at least one of whom is not the named agent, a relative, an heir, the attending physician or certain health care employees, or instead signed and acknowledged before a notary public (166.154, 166.003).

Question 24

How do I search probate court records in Texas?

Accepted Answer

Probate jurisdiction depends on the county: in a county with a statutory probate court, that court has exclusive jurisdiction of all probate proceedings; otherwise the constitutional county court (and any county court at law exercising probate jurisdiction) hears them (Tex. Est. Code 32.002, 32.005). The county clerk keeps the "Judge's Probate Docket" recording each estate, its executor or administrator, filing dates and every order, plus a claim docket for each estate (Tex. Est. Code 52.001, 52.002). To find a probate case or will, contact the county clerk in the county where the estate was filed.

Question 25

How do I transfer a car title after someone dies in Texas?

Accepted Answer

Apply at the county tax assessor-collector's office. If the title names a beneficiary under a Beneficiary Designation for a Motor Vehicle (Form VTR-121), the beneficiary applies for title no later than the 180th day after the owner's death (or the last surviving joint owner's death). If the estate is probated, the executor or administrator uses the letters testamentary or letters of administration as proof of authority. If the estate is not probated (no will, or a will with no probate application filed, or a court has found no administration necessary), the heirs complete the Affidavit of Heirship for a Motor Vehicle (Form VTR-262), signed before a notary by each heir, along with an Application for Texas Title and/or Registration (Form 130-U) and any release of lien. Falsifying the affidavit is a third-degree felony.

Requirements for a valid will	A person of sound mind may make a will if 18 or older, is or has been married, or is serving in the U.S. armed forces (or an auxiliary or the U.S. Maritime Service). The will must be in writing, signed by the testator (or by another person in the testator's presence and at the testator's direction), and attested by two or more credible witnesses at least 14 years old who sign in the testator's presence. Source: Tex. Estates Code §§ 251.001, 251.051
Handwritten (holographic) wills	Yes. A will written wholly in the testator's handwriting does not need to be attested by witnesses. It can be made self-proved during the testator's lifetime by attaching the testator's own affidavit. Source: Tex. Estates Code §§ 251.052, 251.107
Self-proving affidavit	Yes. The testator and the attesting witnesses sign a self-proving affidavit before an officer authorized to administer oaths (such as a notary), who affixes an official seal; it is attached to the will. Alternatively, the will can be executed, attested and made self-proved at the same time using statutory language. A self-proved will can be admitted to probate without witness testimony. Source: Tex. Estates Code §§ 251.101-251.1045

Probate steps	File an application to probate the will (generally within four years of death) or for letters of administration in the court with probate jurisdiction; the court admits the will and issues letters; within one month after letters, publish notice to creditors (and send it to the Comptroller if the decedent owed state-administered taxes) and, within two months, notify secured creditors; file a verified inventory, appraisement and list of claims before the 91st day after qualifying (an independent executor may file an affidavit in lieu of inventory in some cases); pay claims and distribute; close the estate. Four-year rule: https://tcss.legis.texas.gov/resources/ES/htm/ES.256.htm ; creditor notices: https://tcss.legis.texas.gov/resources/ES/htm/ES.308.htm Source: Tex. Estates Code §§ 256.003, 308.051, 308.053, 309.051, 309.056
Simplified probate	Options include: (1) probate of a will as a muniment of title, when the estate owes no unpaid debts other than debts secured by real estate liens, or administration is otherwise unnecessary; (2) independent administration, created by the will or by agreement of all distributees, which limits court supervision; (3) summary proceedings for small estates when, after the inventory is filed, the estate (excluding homestead, exempt property and family allowance) does not exceed the amount needed to pay Class 1-4 claims; and (4) the small estate affidavit for intestate estates of $75,000 or less. Independent administration: https://tcss.legis.texas.gov/resources/ES/htm/ES.401.htm ; summary proceedings: https://tcss.legis.texas.gov/resources/ES/htm/ES.354.htm Source: Tex. Estates Code §§ 257.001, 401.001-401.002, 354.001
Small estate affidavit	Available only when the decedent died without a will. At least 30 days must have passed since death, no petition for a personal representative may be pending or granted, and estate assets (excluding homestead and exempt property) must not exceed $75,000 and must exceed known debts. The affidavit is sworn to by two disinterested witnesses and each distributee with legal capacity, lists all known assets and debts and the family history, is filed with the court clerk, and must be approved by the judge. It does not transfer real estate, except that a homestead that is the only real property may pass if the approved affidavit is recorded in the county deed records. The $75,000 limit has applied since January 1, 2014; it was not changed in the 2025 legislative sessions. Source: Tex. Estates Code §§ 205.001-205.009
Deadline for creditor claims	Claims may generally be presented any time before the estate is closed if not barred by the general statutes of limitation. A personal representative may send an unsecured creditor a notice requiring the claim to be presented before the 121st day after the creditor receives the notice, or the claim is barred. Secured creditors must specify how their claim is to be treated within the later of six months after letters are granted or four months after receiving the required secured-creditor notice. Notice provisions: https://tcss.legis.texas.gov/resources/ES/htm/ES.308.htm Source: Tex. Estates Code §§ 308.054, 355.001, 355.152
Who can be executor	Letters go first to the executor named in the will, then (in order) to the surviving spouse, principal devisee, other devisees, next of kin, creditors and others. Disqualified: incapacitated persons, unpardoned felons (unless named in the will and approved by the court), a nonresident who has not appointed a resident agent for service of process and filed that appointment with the court, corporations not authorized to act as fiduciaries in Texas, and persons the court finds unsuitable. A bond is generally required unless the will waives it (and the court finds the executor qualified) or the representative is a corporate fiduciary. Bond: https://tcss.legis.texas.gov/resources/ES/htm/ES.305.htm Source: Tex. Estates Code §§ 304.001, 304.003, 305.101
Finding probate court records	Probate jurisdiction depends on the county: in a county with a statutory probate court, that court has exclusive jurisdiction of all probate proceedings; otherwise the constitutional county court (and any county court at law exercising probate jurisdiction) hears them (Tex. Est. Code 32.002, 32.005). The county clerk keeps the "Judge's Probate Docket" recording each estate, its executor or administrator, filing dates and every order, plus a claim docket for each estate (Tex. Est. Code 52.001, 52.002). To find a probate case or will, contact the county clerk in the county where the estate was filed. Jurisdiction: https://tcss.legis.texas.gov/resources/ES/htm/ES.32.htm Source: Tex. Est. Code 32.002, 32.005, 52.001, 52.002

Financial power of attorney	Texas has a statutory form called the Statutory Durable Power of Attorney; other forms may also be used. A durable power of attorney must be signed by the adult principal (or by another adult at the principal's direction in the principal's conscious presence) and acknowledged before a notary or other officer authorized to take acknowledgments. It is durable only if it states that it is not affected by the principal's later disability or incapacity (or that it becomes effective on incapacity), or uses similar words. A power of attorney used for a real estate transaction requiring a recorded instrument must be recorded in the county. Statutory form: https://tcss.legis.texas.gov/resources/ES/htm/ES.752.htm Source: Tex. Estates Code §§ 751.0021, 751.151, 752.003, 752.051
Health care directive	Texas provides a Directive to Physicians and Family or Surrogates (living will) and a Medical Power of Attorney, each with a statutory form. Either must be signed in the presence of two qualified witnesses (at least one of whom must meet additional qualification rules) who also sign, or signed and acknowledged before a notary instead of witnesses. The medical power of attorney must be in substantially the statutory form. Source: Tex. Health & Safety Code §§ 166.032, 166.033, 166.154, 166.164
Official power of attorney forms	Texas has an official form for a financial power of attorney: the "Statutory Durable Power of Attorney" in Tex. Est. Code 752.051. The form itself states that it does not authorize anyone to make medical or other health care decisions. To be a durable power of attorney it must be signed by the adult principal (or by another adult at the principal's direction in the principal's conscious presence), contain durability language, and be acknowledged before an officer authorized to take acknowledgments and administer oaths, such as a notary (Tex. Est. Code 751.0021). For health care, the "Medical Power of Attorney" must be in substantially the form in Tex. Health & Safety Code 166.164; it must be signed in the presence of two competent adult witnesses, at least one of whom is not the named agent, a relative, an heir, the attending physician or certain health care employees, or instead signed and acknowledged before a notary public (166.154, 166.003). Execution: https://tcss.legis.texas.gov/resources/ES/htm/ES.751.htm ; medical power of attorney: https://tcss.legis.texas.gov/resources/HS/htm/HS.166.htm Source: Tex. Est. Code 751.0021, 752.051; Tex. Health & Safety Code 166.003, 166.154, 166.164

Living will / advance directive	Texas's living will is the 'Directive to Physicians and Family or Surrogates,' with a statutory form. It must be signed in the presence of two qualified witnesses who also sign (at least one of whom must meet additional qualification rules), or signed and acknowledged before a notary instead of witnesses. Source: Tex. Health & Safety Code §§ 166.032, 166.033
Medical power of attorney	Texas uses a Medical Power of Attorney, which must be in substantially the statutory form. It must be signed in the presence of two qualified witnesses who also sign, or signed and acknowledged before a notary instead of witnesses. Source: Tex. Health & Safety Code §§ 166.154, 166.164
Revocable living trust	Texas has not adopted the Uniform Trust Code; trusts are governed by the Texas Trust Code (Tex. Prop. Code Title 9, Subtitle B). A trust is created only if the settlor manifests an intention to create one, and no consideration is needed. Under the statute of frauds, a trust in real or personal property is enforceable only if there is written evidence of its terms signed by the settlor or the settlor's agent (with limited exceptions for personal property). Unlike many states, a Texas trust is revocable unless the instrument expressly makes it irrevocable, and if it was created in writing, any revocation or amendment must also be in writing. Property titled in the trustee's name passes under the trust terms without probate; assets left in the decedent's own name may still need probate. Source: Tex. Prop. Code §§ 111.001, 112.002, 112.004, 112.051
Ways to avoid probate	Non-probate transfers available in Texas: (1) Transfer on death deed for real estate, recorded before death (Tex. Estates Code §§ 114.051-114.057). (2) Joint accounts with right of survivorship, P.O.D. accounts and trust accounts at financial institutions (Tex. Estates Code §§ 113.151-113.153). (3) Beneficiary designation for a motor vehicle on the title, naming a sole beneficiary (Tex. Transp. Code § 501.0315; Tex. Estates Code ch. 115). (4) Small estate affidavit for intestate estates of $75,000 or less, excluding homestead and exempt property (Tex. Estates Code ch. 205). (5) Probate of a will as a muniment of title or other simplified options where available. (6) Revocable living trust (Texas Trust Code). TOD deed: https://tcss.legis.texas.gov/resources/ES/htm/ES.114.htm; vehicle beneficiary: https://tcss.legis.texas.gov/resources/ES/htm/ES.115.htm Source: Tex. Estates Code §§ 113.151-113.153, 114.051-114.057, ch. 115, ch. 205; Tex. Transp. Code § 501.0315

Executor's duties	Main duties and deadlines for a Texas personal representative: within one month after receiving letters, publish a notice to creditors in a county newspaper (and send it to the Comptroller if the decedent owed state-administered taxes), and within two months notify secured creditors; within 60 days after the order admitting a will to probate, give notice to each beneficiary named in the will, and by the 90th day file an affidavit or certificate with the clerk confirming the notices were given; before the 91st day after qualifying (unless the court allows more time), file a verified inventory, appraisement and list of claims (an independent executor may in some cases file an affidavit in lieu of inventory); pay claims, expenses and taxes; then distribute the estate and close it. Inventory: https://tcss.legis.texas.gov/resources/ES/htm/ES.309.htm Source: Tex. Estates Code §§ 308.002, 308.004, 308.051, 308.053, 309.051, 309.056
Letters testamentary	Probate is handled by the county court, a county court at law with probate jurisdiction, or a statutory probate court, depending on the county. An application to probate the will is generally filed within four years after death. Before the 21st day after a will is probated, the court grants letters testamentary to each executor named in the will who is not disqualified and is willing to qualify; if there is no will (or no executor), the court grants letters of administration (or administration with the will annexed). The court's order states the name of the person appointed and the amount of any bond. Once the representative qualifies (oath and any required bond), the clerk issues the letters as a certificate of the clerk, under the court's seal, stating that the representative has qualified. Source: Tex. Estates Code §§ 256.003, 306.001, 306.002, 306.003, 306.004, 306.005
Affidavit / determination of heirship	Texas has both procedures. (1) Proceeding to declare heirship: a court may declare heirship when a person dies intestate owning property in Texas with no administration, or when property was omitted from a probated will or administration, among other cases (Tex. Estates Code ch. 202). (2) Affidavit of facts concerning the identity of heirs: a sworn, acknowledged affidavit about family history, marital status and the identity of the heirs may be recorded in the county deed records; once it has been of record for five years or more, a court must receive it as prima facie evidence of the facts in a heirship proceeding or title suit. The statute provides a suggested form (§ 203.002). The affidavit does not affect the rights of an omitted heir or creditor. Heirship proceedings: https://tcss.legis.texas.gov/resources/ES/htm/ES.202.htm Source: Tex. Estates Code §§ 202.002, 203.001, 203.002
Transferring a car after death	Apply at the county tax assessor-collector's office. If the title names a beneficiary under a Beneficiary Designation for a Motor Vehicle (Form VTR-121), the beneficiary applies for title no later than the 180th day after the owner's death (or the last surviving joint owner's death). If the estate is probated, the executor or administrator uses the letters testamentary or letters of administration as proof of authority. If the estate is not probated (no will, or a will with no probate application filed, or a court has found no administration necessary), the heirs complete the Affidavit of Heirship for a Motor Vehicle (Form VTR-262), signed before a notary by each heir, along with an Application for Texas Title and/or Registration (Form 130-U) and any release of lien. Falsifying the affidavit is a third-degree felony. Vehicle beneficiary statute: https://tcss.legis.texas.gov/resources/TN/htm/TN.501.htm Source: Tex. Transp. Code § 501.0315; TxDMV Form VTR-262

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