Wills and trusts by state › Texas
Texas estate planning
Will, trust, or both in Texas?
Texas is a community-property state, accepts wills written entirely by hand, and lets most estates use independent administration. Those three facts shape whether a will alone is enough or a trust earns its place.
Texas at a glance
- Witnesses for a will
- Two credible witnesses, age 14 or older. A self-proving affidavit is available.
- Handwritten wills
- Valid with no witnesses if written entirely in your handwriting.
- Small-estate shortcut
- Small Estate Affidavit for up to $75,000 (not counting the homestead), filed after 30 days and approved by a judge. Only for estates with no will.
- Real estate without probate
- Transfer-on-death deeds, recorded before death. Vehicles can name a beneficiary on TxDMV Form VTR-121.
- Property system
- Community property. A surviving spouse keeps their own half.
- Estate or inheritance tax
- None. The state inheritance tax was repealed in 2015.
How probate works in Texas
Texas probate is handled by county courts or statutory probate courts. Most estates can use independent administration, where the executor settles things with little court supervision, unless the will says otherwise.
Where there's no will and the estate is $75,000 or less (not counting the homestead), a Small Estate Affidavit may avoid full administration. Texas updated several will and probate rules effective Sept. 1, 2025.
Where a trust fits
Texas has its own Trust Code rather than the Uniform Trust Code, and a trustee can use a certification of trust with banks.
Because independent administration is fairly streamlined in Texas, trusts are often chosen for privacy, property in other states, blended families or planning for incapacity rather than just to avoid probate.
Questions to bring to a Texas estate-planning attorney
- Which of my property is community property and which is separate?
- Is independent administration likely for my estate, and should my will request it?
- Should my home pass by transfer-on-death deed, my will or a trust?
- Is a handwritten will enough, or should I sign a self-proved will?
- How does the homestead right of a surviving spouse affect my plan?
Start with five questions.
The free quiz gives you a personalized educational starting point. The optional $67 workbook helps you organize your information and questions before your appointment.
The workbook organizes your answers. It does not create a will, trust or other legal document.
Sources · checked November 2026