Top 5 Documents to Include in Your Texas Estate Plan

LIGOT DIZON LAW

·July 8, 2025

·11 min read

Top 5 Documents to Include in Your Texas Estate Plan — Image Source: unsplash

When you begin texas estate planning, you want your wishes followed. You also want your loved ones to be safe. Here are five important documents you need: last will and testament, revocable living trust, durable power of attorney, medical power of attorney, and HIPAA authorization. Each document is important in estate planning. These estate planning documents help you control your things and make health decisions. They also stop confusion for your family. Wills and trusts make texas estate planning better and simpler.

Last Will and Testament

Purpose

A last will and testament lets you decide what happens to your things after you pass away. You can name beneficiaries who will receive your money, house, or other property. You also get to pick guardians for your children if they are still minors. This document gives you control over your estate planning and helps your family know your wishes.

Why It Matters

If you do not have a last will and testament in Texas, the state decides who gets your property. This can cause confusion and stress for your loved ones. Wills make sure your assets go to the people you choose. You can also use your will to name beneficiaries for special items or family heirlooms. Picking guardians for your kids gives you peace of mind, knowing they will be cared for by someone you trust.

A last will and testament is more than just a piece of paper. It is your voice when you are not there to speak for yourself.

Legal Tips

When you create your last will and testament in Texas, you need to follow some rules to make sure it is valid. Here are some tips to help you avoid common mistakes:

Make sure you are at least 18 years old and of sound mind.
Sign your will in front of two disinterested witnesses, and have them sign it too.
If you write your will by hand (a holographic will), you do not need witnesses, but you must write it all yourself.
Choose an executor who is reliable and meets Texas requirements.
Understand Texas community property laws to protect your spouse and children.
Keep your original will in a safe place and tell someone you trust where it is.
Do not use digital or electronic wills, as Texas does not accept them.
File your will for probate within four years after death.

If your estate planning is complex or you think someone might contest your will, talk to a lawyer. Avoid using codicils (changes to your will) if possible, since they can make things confusing.

Revocable Living Trust

What Is a Living Trust

A living trust is a legal document you create to hold your assets, like your house, bank accounts, or investments. You put your property into the trust, but you still control everything while you are alive. You can change or cancel the trust at any time. That is why people call it a revocable living trust. When you pass away, the trust tells who gets your things. You do not need to go through the court process called probate.

Benefits

A revocable living trust gives you more control over your estate planning. You can manage your assets now and decide what happens later. Here are some big benefits:

Skip Probate: Your family does not have to wait for a court to approve your wishes. The trust handles everything quickly.
Privacy: Unlike a will, a trust keeps your plans private. No one can look up your estate details in public records.
Flexibility: You can add or remove property from the trust whenever you want.
Protection: If you become sick or cannot make decisions, your chosen person (the trustee) can manage the trust for you.

Tip: A living trust can help you avoid family fights and confusion. It makes your wishes clear and easy to follow.

Texas Considerations

In Texas, a revocable living trust works well for many people. Texas probate is sometimes faster than in other states, but a trust still saves time and stress. If you own property in more than one state, a trust helps you avoid probate in each place. Make sure you move all your assets into the trust, or they will not be covered. Talk to a texas estate planning lawyer to set up your trust the right way. Good estate planning in Texas means you protect your family and your property.

Durable Power of Attorney

Role

A durable financial power of attorney lets you pick someone to handle your money and property if you cannot do it yourself. This person, called your financial attorney-in-fact, can pay your bills, manage your bank accounts, and even sell your house if needed. You stay in control while you are healthy, but if you get sick or hurt, your agent steps in. This document is a key part of estate planning because it keeps your finances safe when you cannot make decisions.

If you want to avoid court delays and keep your family from guessing, a durable financial power of attorney is a must-have in your texas estate planning toolkit.

Choosing an Agent

You need to trust the person you choose as your agent. Pick someone who is responsible and good with money. Many people choose a spouse, adult child, or close friend. Make sure your agent understands your wishes and will act in your best interest. You can also name a backup agent in case your first choice cannot serve.

Here are some tips for picking the right agent:

Choose someone who lives nearby if possible.
Talk to your agent about your values and goals.
Review your choice every few years as part of your estate planning.

Execution Tips

To make your durable financial power of attorney valid in texas, you must sign it in front of a notary public. Some banks or companies may ask for extra forms, so check with them before you need help. Keep the original document in a safe place, and give copies to your agent and your lawyer. Update your durable financial power of attorney if you move or if your life changes. Remember, this document only covers financial matters. For health care, you need a separate medical power of attorney.

Tip: Do not wait until you are sick to set up your durable financial power of attorney. Planning ahead gives you peace of mind and protects your family.

Medical Power of Attorney

Healthcare Decisions

A medical power of attorney lets you pick someone to make health choices for you if you cannot speak. This person is your health care attorney-in-fact. You may need this if you have surgery, get hurt, or become very sick. Your health care attorney-in-fact can talk to doctors and help with treatment choices. They make sure your wishes are followed. Adding this document to your estate planning helps your voice be heard, even if you cannot talk.

A new study found that people with an advance healthcare directive or a durable power of attorney for healthcare get care that matches what they want. Most patients with these documents, about 92.7%, chose limited care. Only 1.9% wanted every possible treatment. This shows your medical power of attorney helps you avoid care you do not want. It keeps your wishes important.

Selecting a Representative

You should pick someone you trust as your health care attorney-in-fact. This person needs to know your values and respect your choices. Many people choose a family member or a close friend. Talk to your chosen person about your wishes and any advance healthcare directive you have. You can also pick a backup in case your first choice cannot help.

Here are some tips for picking your representative:

Pick someone who stays calm in emergencies.
Choose a person who can talk clearly with doctors.
Make sure your representative understands your advance healthcare directive.

Key Points

A medical power of attorney is an important part of estate planning in Texas.
Your health care attorney-in-fact can only make choices if you cannot.
You can change your representative whenever you want.
Doctors and hospitals must follow your representative’s choices if you cannot decide.
Keep your document safe and give copies to your representative and your doctor.

Tip: Talk with your family about your wishes. If they know what you want, it is easier for your health care attorney-in-fact to help you.

HIPAA Authorization

Access to Records

You want your trusted people to help with your health care and finances. They need to see your medical records. HIPAA is a federal law that protects your health information. Doctors and hospitals cannot share your records without your okay. A HIPAA Authorization form lets you choose who can see your private health details. This form is important for estate planning in Texas. If you do not have it, your family or agent may not get the information they need.

TexasLawHelp.org gives you a HIPAA Authorization form in their Estate Planning Kit. This helps your loved ones get your records when they need them.
The HIPAA Privacy Rule protects your privacy but also lets you share information with people you trust.
You must fill out the form with the names of people who can get your records, what information they can see, and how long the permission lasts.

Without a HIPAA Authorization, your agent or family might face delays or even get blocked from helping you.

Who Needs It

You need a HIPAA Authorization if you want someone to help with your health care or finances. This includes your medical power of attorney, your durable power of attorney, or even a family member. If you want your agent to talk to doctors or handle insurance, you must give them access. Many people think their power of attorney covers everything, but it does not. Only a HIPAA Authorization lets your chosen person see your protected health information.

Best Practices

You should keep your HIPAA Authorization up to date. Review it every year or when you change your estate planning documents. Give copies to your doctor, your agent, and your lawyer. Make sure the form lists everyone you trust. Use clear names and contact details. Sign and date the form. If you want to stop someone’s access, update your form right away.

Store your HIPAA Authorization with your other estate planning papers.
Tell your family where to find it.
Use forms from trusted sources like TexasLawHelp.org to make sure you meet Texas rules.

Tip: A good HIPAA Authorization makes it easy for your loved ones to help you when you need it most.

Must-Have Documents Checklist

Estate Planning Documents Recap

You want your estate plan to cover everything. Here is a short list of the must-have documents for texas estate planning:

Last Will and Testament – This lets you say who gets your things and who cares for your kids.
Revocable Living Trust – You use this trust to control your things and avoid probate.
Durable Power of Attorney – You pick someone you trust to handle your money if you cannot.
Medical Power of Attorney – You choose a person to make health choices for you.
HIPAA Authorization – You let trusted people see your medical records.

If you have these estate planning documents, your wishes are clear and your family will not be confused.

Steps to Start Texas Estate Planning

You may not know where to start. Here is an easy checklist to help you begin your texas estate plan:

Write down what you own. List your house, bank accounts, investments, and things you care about.
Pick people you trust to make money and health choices for you.
Name your beneficiaries so there are no family fights.
Make your trust and put your things in it.
Keep your estate planning documents safe. Give copies to your agents and family.
Talk to your family about your choices. Sharing your plans makes things easier.

A must-have documents checklist helps you stay organized. You will not forget anything. Families in texas who use a checklist have less stress and fewer problems.

When to Update

Life can change quickly. You should look at your estate planning documents after big life events. Did you get married, divorced, or have a new baby? Did you buy a house or move to another state? These things mean you need to update your trust and other documents.

Tip: Check your documents every year. Keeping them up to date helps you and your family feel safe.

A good estate plan changes with your life. When you update your texas estate planning documents, you keep your wishes safe and your family protected.

Texas Estate Planning Summary

You have learned about the five must-have documents for a strong estate plan in Texas. These documents work together to protect your wishes, your family, and your property. When you include a last will and testament, revocable living trust, durable power of attorney, medical power of attorney, and HIPAA authorization, you give your loved ones clear guidance. You also make sure your voice is heard, even if you cannot speak for yourself.

When you have these documents, you help your family avoid long court delays, state rules that may not match your wishes, and fights over money or health care. You also save them from extra stress and costs.

A senior fiduciary executive, Lance Robnett, says that having these five key documents is crucial. He explains that they protect your wealth and make sure your property goes to the people you choose. Without them, your estate may follow state laws, and your family could face hard choices and even arguments. You want to make things as easy as possible for your loved ones.

Here is a quick look at what you gain with a complete texas estate planning package:

You control who gets your things.
You pick who makes decisions if you cannot.
You keep your health care wishes private and respected.
You help your family avoid confusion and stress.
You save time and money for everyone involved.

A good estate planning plan is not just for the wealthy. Anyone in texas can benefit. You give your family peace of mind and protect your legacy.

Now is a great time to look at your estate planning documents or start fresh with these five must-haves. When you work with a Texas estate planning attorney, you get help with things like:

Custom plans that fit your family
Protection from creditors and legal challenges
Guidance on Texas laws and taxes

You keep your assets safe and make life easier for your loved ones. Take action today—your future self will thank you!

FAQ

What happens if you do not have a will in Texas?

If you do not have a will, Texas law decides who gets your things. Your family might not get what you want them to have. This can cause stress and confusion.

Do you need both a will and a trust?

You can use both. A will covers things not in your trust. A trust helps you skip probate and keeps things private. Many people use both for better protection.

Who should you pick as your power of attorney?

Pick someone you trust. This person should be good with money and able to make tough choices. You can choose a family member or a close friend.

How often should you update your estate plan?

Check your documents every year. Update them after big life changes like marriage, divorce, or having a baby. Keeping things current helps your wishes stay clear.

Can you write your own will in Texas?

Yes, you can write your own will. You must write it by hand or type it and sign it with two witnesses. Make sure you follow Texas rules so your will is valid.

Tip: If you feel unsure, talk to a Texas estate planning lawyer. They can help you avoid mistakes.