Creating a Will in Texas: Everything You Should Know Before Getting Started

You’ve built a life in Texas you’re proud of—maybe it’s a cozy home in Fort Worth, a family ranch passed down through generations, or a business you’ve poured your heart into. You’ve created traditions, memories, and dreams you want to carry on. But what happens to all of that when you’re gone? Without a will, the state of Texas could decide for you, and it might not align with your vision.

A will isn’t just a legal document—it’s your voice, ensuring your wishes are honored and your loved ones are cared for. Cleverly Law helps Texans like you create wills that protect what matters most, from family heirlooms to your children’s future. Let’s explore why a will is essential, clear up common myths, and show you how to take control of your legacy.

Why Every Texan Needs a Will Regardless of Age or Income

You might think wills are only for the wealthy or those later in life, but that’s far from true. Whether you’re a young parent, a retiree, or a business owner, a will gives you control over your legacy. Here’s why it matters:

You Decide What Happens

A will lets you choose who inherits your home, savings, or that vintage truck you restored. Without one, Texas intestacy laws—a rigid, one-size-fits-all formula—decide for you, and it might not reflect your wishes.

Protect Your Family from Conflict

Clear instructions reduce the chance of disputes among loved ones. Imagine the peace of mind knowing your family won’t face arguments over who gets what during an already difficult time.

Name Guardians for Your Kids

If you have minor children, a will lets you choose trusted guardians to raise them, rather than leaving it to a court’s discretion.

Safeguard Special Assets

Whether it’s a family home, a cherished heirloom, or your business, a will ensures these treasures go to the right people.

Simplify Probate

A well-crafted will can make the probate process faster and less stressful, sparing your family unnecessary delays and costs.

Consider Sarah, a 35-year-old single mom in Fort Worth. She assumed she didn’t need a will because she “didn’t have much.” But when she learned that without a will, a court could decide who raises her son or how her savings are divided, she acted. Sarah created a will that named her sister as her son’s guardian and ensured her assets would support his future. Now, she has peace of mind knowing her son’s care is secure.

Busting Common Myths About Wills

Misconceptions about wills can stop people from taking action. Let’s set the record straight:

“I’m married, so my spouse gets everything automatically.”

Not quite. Texas community property laws mean your spouse might share assets with your children or other relatives, especially if you own separate property (like assets from before marriage or an inheritance). A will clarifies your intentions.

“I’m too young for a will.”

Life is unpredictable. A will isn’t about expecting the worst—it’s about being prepared. Even a 20-something with a modest apartment and a pet needs a plan.

“My family knows what I want.”

Verbal wishes aren’t legally binding. Without a will, even the closest families can face confusion or disagreements. A will ensures everyone’s on the same page.

Take John, a 45-year-old business owner from Aledo. He figured his wife and kids would “know what to do” because he’d made his wishes clear. But when he learned how Texas law could split his business and home in ways he didn’t expect, he realized a will was the only way to protect his family’s future.

What Can Your Texas Will Do?

A will is as unique as you are. It’s a chance to tell your story and ensure your legacy reflects your values. Here’s what your will can include:

Asset Distribution

Specify who gets your home, car, investments, or personal items like your grandmother’s jewelry or your hunting gear.

Guardians for Kids

Choose who will raise your children if you’re no longer here, ensuring they’re cared for by people you trust.

Executor Appointment

Name a reliable person to carry out your wishes and manage the probate process.

Debt and Tax Instructions

Outline how debts or taxes should be handled to avoid surprises for your family.

Charitable Gifts

Leave a legacy by supporting causes you care about, like a local animal shelter or a community foundation.

For example, Maria and Carlos, a retired couple in Weatherford, wanted to ensure their family business stayed with their daughter, who shared their love for the work. Their will not only secure the farm’s future but also include small bequests to their favorite local charity, reflecting their lifelong commitment to their community.

Beyond the Will: Building a Complete Estate Plan

A will is often the foundation of an estate plan, but other tools can enhance your strategy, depending on your needs:

Living Trusts

These help avoid probate, keep your affairs private, and manage assets during your lifetime or after.

Powers of Attorney

Appoint someone to make financial or medical decisions if you’re unable to do so.

Advance Directives

Document your healthcare preferences, like whether you want life-sustaining treatment.

Business Succession Plans

Ensure your business transitions smoothly to the next generation or a chosen successor.

Not sure what you need? We’ll guide you. For some, a simple will is enough. For others, like a business owner with complex assets, a combination of tools creates a stronger plan.

The Risks of Dying Without a Will

In Texas, dying without a will (intestate) means the state takes over. Here’s what could happen:

Your Spouse Might Not Inherit Everything

Your spouse might not inherit everything, especially if you have children or separate property.

A Court Decides Who Raises Your Children

A court, not you, decides who raises your minor children.

Assets Could Go to Unintended Relatives

Your assets could go to relatives you wouldn’t have chosen, like a distant sibling.

Probate Delays and Costs

Your family might face costly, time-consuming probate delays.

Think of David, a widower in Corpus Christi with two adult children. Without a will, his estate was split between his kids and a cousin he barely knew, leaving his children struggling to keep the family home. A simple will could have prevented this.

Why Work with a Professional Estate Planning Attorney?

Online templates or DIY wills might seem tempting, but they often miss the mark. Texas law has specific requirements, and generic forms may not hold up in court or cover your unique needs. When you work with us, you get:

Personalized Care

We listen to your story and tailor your will to your life, whether you’re protecting a small estate or a complex business.

Clear Guidance

We break down the process in plain language, no legal jargon required.

Legally Sound Documents

We ensure your will is valid and enforceable under Texas law.

Ongoing Support

As your life changes—marriage, kids, new assets—we help you update your plan.

Our goal is to make estate planning approachable and stress-free, so you can focus on living your life with confidence.

Take the First Step Today

Your legacy is more than just property—it’s the life you’ve built, the people you love, and the values you hold dear. A will is your chance to protect it all. Don’t let the state decide your story.

Ready to start? Schedule a free consultation with us. We’ll sit down, hear your goals, and help you craft a plan that brings peace of mind to you and your family. Let’s protect what matters most—together.

Book Your Consultation Now