Wills and Estate Planning in Texas
Most people know they need a will. Very few actually have one. If you die without a will in Texas, the state decides who gets your property, who raises your children, and how your estate is handled — and the result is often not what you would have chosen.
A properly drafted will gives you control over what happens to your assets, your family, and your legacy. The Law Office of Jonathan Hwang offers flat-fee estate planning services designed to give Texas families peace of mind without the complexity or cost of a large firm.
What Happens If You Die Without a Will in Texas
Texas has detailed intestate succession laws that dictate exactly how your property is distributed when you die without a will. The results depend on whether you are married, whether you have children, and whether your property is community property or separate property.
If you are married with children, your surviving spouse does not automatically inherit everything. Under Texas law, your spouse keeps their half of community property, but your half passes to your children — not your spouse. If you have separate property, your spouse receives only one-third of it for life, with the remainder going to your children. This can create serious financial strain and legal complications for a surviving spouse who expected to inherit the family home or other assets outright.
If you are unmarried with children, everything passes to your children in equal shares. If you have no spouse and no children, the estate passes to your parents, then siblings, then more distant relatives through a statutory hierarchy.
Without a will, the court appoints an administrator to manage your estate — and that person may not be someone you would have chosen. The process is more expensive, more time-consuming, and subject to court oversight that a well-drafted will can avoid entirely.
Why Every Texas Adult Needs a Will
You need a will if any of the following apply to you: you own property of any kind, you have children under 18, you are married, you have retirement accounts or life insurance, you want specific people to inherit specific assets, you want to name a guardian for your children, or you want to minimize the time and cost of probate for your family.
Even if your estate is modest, a will prevents your family from dealing with a court-supervised administration process that can take months and cost thousands of dollars in legal fees and court costs.
Estate Planning Documents We Prepare
Last Will and Testament
Your will is the foundation of your estate plan. It allows you to name who inherits your property, designate a guardian for your minor children, appoint an independent executor to manage your estate without court supervision, and make specific gifts of property, heirlooms, or cash to the people and organizations you choose.
Texas allows independent administration of estates, which means your executor can handle everything — paying debts, distributing assets, selling property — without going back to the court for approval at every step. This is one of the most significant advantages of having a will in Texas, and it only works if your will includes the proper language appointing an independent executor.
Statutory Durable Power of Attorney
A durable power of attorney allows someone you trust to manage your financial affairs if you become incapacitated. Without one, your family may need to go through a guardianship proceeding in court — a process that is invasive, expensive, and slow.
Texas has a statutory form for durable powers of attorney under Chapter 752 of the Estates Code. We prepare powers of attorney that comply with Texas law and are accepted by financial institutions, title companies, and government agencies.
Medical Power of Attorney
A medical power of attorney designates someone to make healthcare decisions on your behalf if you are unable to communicate your wishes. This is separate from a living will and gives your agent broad authority to consent to or refuse medical treatment, choose doctors and facilities, and access your medical records.
Texas law governs medical powers of attorney under Chapter 166 of the Health and Safety Code. Without this document, your family may face delays in making critical medical decisions, and the person making those decisions may not be the person you would have chosen.
Directive to Physicians (Living Will)
A directive to physicians — commonly called a living will — states your wishes regarding life-sustaining treatment if you are diagnosed with a terminal or irreversible condition. This document tells your doctors whether you want to be kept on life support or whether you prefer comfort care when there is no reasonable chance of recovery.
Having a clear directive in place removes the burden of that decision from your family and ensures your wishes are followed.
HIPAA Authorization
Federal privacy laws can prevent your family from accessing your medical information, even in an emergency. A HIPAA authorization designates specific individuals who are permitted to receive your protected health information from doctors, hospitals, and insurance companies.
Who Needs Estate Planning
Estate planning is not just for the wealthy. You should consider meeting with an attorney if you have recently married or divorced, you have minor children, you own a home or other real property, you have retirement accounts, investment accounts, or life insurance policies, you own a business, you have been diagnosed with a serious illness, or you simply want to make sure your family is taken care of.
If any of your life circumstances have changed since you last reviewed your estate plan — or if you have never had one — now is the time to act.
Flat-Fee Estate Planning
We believe estate planning should be accessible and straightforward. Our estate planning services are offered on a flat-fee basis, so you know exactly what you are paying before we begin. No hourly billing, no surprises.
During your consultation, we will discuss your family situation, your assets, and your goals, and recommend a plan that fits your needs. Most estate plans can be completed and signed within two to three weeks.
Serving Dallas-Fort Worth and All of North Texas
The Law Office of Jonathan Hwang serves clients throughout the Dallas-Fort Worth metroplex, including Allen, Plano, McKinney, Frisco, Richardson, Dallas, Fort Worth, and the surrounding communities.
Frequently Asked Questions
How much does a will cost in Texas?
We offer flat-fee pricing for all estate planning documents. The cost depends on the complexity of your estate and the documents you need. Contact us for a free consultation and quote.
Do I need a lawyer to make a will in Texas?
Texas does not require you to use a lawyer, but a will that is improperly drafted, witnessed, or executed can be challenged or declared invalid. An attorney ensures your will complies with Texas law and actually accomplishes what you intend.
Can I change my will after it is signed?
Yes. You can revoke or amend your will at any time by executing a new will or a codicil. We recommend reviewing your estate plan every three to five years or after any major life event.
What is the difference between a will and a trust?
A will takes effect after you die and goes through probate. A trust can take effect during your lifetime and allows assets to pass outside of probate. Not everyone needs a trust — for many Texas families, a well-drafted will with independent administration achieves the same goal at a fraction of the cost.
What happens to my digital accounts when I die?
Texas has adopted the Revised Uniform Fiduciary Access to Digital Assets Act, which allows you to designate someone to manage your digital accounts (email, social media, financial accounts) after your death. We can include digital asset provisions in your estate plan.
Get a Free Estate Planning Consultation
Ready to protect your family? Contact The Law Office of Jonathan Hwang today for a free estate planning consultation. Call (214) 631-9545 or request a consultation online.
The Law Office of Jonathan Hwang | 450 Century Parkway, Suite 250, Allen, TX 75013 | Serving Dallas, Fort Worth, Plano, Allen, McKinney, Frisco, Richardson, and all of North Texas.
