Estate Planning

Creating Your Love Drawer: Essential Texas Estate Planning Documents

By Ted Smith, Attorney · Originally published November 1, 2018. Updated July 22, 2026.

There are few conversations that create more discomfort than the ones about end-of-life planning. Most people say it’s something they’ll think about “later.” But what happens to your family if later never comes?

A common starting point is to consider three documents: a will, a durable power of attorney, and a medical power of attorney. Keep the plan in a secure, known place so the people you trust can find it when it matters.

Ready or Not: The Choice Is Yours

Tom and Jane are a married couple in their 50s. Tom lost both of his parents in an accident. Around the same time, Jane lost her father after a long illness.

Neither of Tom’s parents had a will or any estate planning documents. That left Tom to handle not just the grief, but a probate process where the state’s default rules, not his parents’ wishes, decided how things went. Jane’s father had done the opposite. He had a will, a medical power of attorney, and a durable power of attorney, all organized in one place he’d told her about in advance.

Seeing both sides, Tom and Jane put their own documents together. You don’t need a tragedy to make the decision they made.

Three Common Estate-Planning Building Blocks

No two estate plans look exactly alike, but almost every plan starts with the same three building blocks: a last will and testament, powers of attorney, and, for some families, a trust.

Last Will and Testament

A will is a legally binding statement of how you want your property distributed after you die. If you have minor children, it’s also where you name a guardian for them.

If you die without a valid will, Texas intestacy law decides who inherits. A will does not itself avoid probate, but whether probate is needed depends on how assets are owned and whether they have beneficiary designations. Our probate page covers what that process can involve in Bell County.

Powers of Attorney

A power of attorney names someone you trust to act for you within the authority the document grants. Two common estate-planning instruments address financial and healthcare decisions.

A durable power of attorney may authorize an agent to manage specified finances, property, and business matters immediately or only after a stated future disability or incapacity. Under the Texas Estates Code, the document must be in writing, signed by an adult principal, acknowledged before a notary, and contain durability language. A medical power of attorney names an agent to make healthcare decisions when the principal’s attending physician certifies the principal lacks competence to make those decisions.

Revocation rules differ by instrument: a Texas medical power of attorney may be revoked even if the principal is not competent or is unable to make healthcare decisions, while revoking a financial durable power of attorney raises different capacity and notice questions.

Trusts

A trust separates legal ownership of property from the right to use or benefit from it. A trust document names a trustee to hold the property and one or more beneficiaries to receive the benefit of it, along with instructions for when and how distributions happen.

Property held in a properly funded trust generally passes outside of probate, which can mean a faster, more private transfer than property that passes through a will. Whether a trust makes sense for your family depends on the size and type of your estate. That’s a conversation worth having directly with an attorney rather than assuming a trust is or isn’t necessary.

Where to Keep These Documents

Once you have your documents, the second half of the job is making sure the right people can find them. Use a secure, known location for originals and key account information. A safe-deposit box is useful only if the appropriate person can access it when needed. Tell your executor and agents where the documents are stored.

FAQ

Do I need a lawyer to write a will in Texas? Texas does not require an attorney to draft a will, but the state has specific execution requirements (witnesses, signature formalities) that, if missed, can make a will invalid or delay probate. An attorney reduces that risk.

What happens if I die without a will in Texas? Your property passes under Texas intestacy law, which uses statutory rules based on the surviving family members and the character of the property.

Is a power of attorney the same as a will? No. A power of attorney works while you’re alive, if you become incapacitated. A will only takes effect after you die. Most complete estate plans include both.

Can I write my own power of attorney using an online form? You can, but the Texas Estates Code has specific signing and language requirements for a document to qualify as durable. A defective form can leave your family without the authority they need at the exact moment they need it.

Does everyone need a trust? No. Many Central Texas families are well served by a will and powers of attorney alone. A trust becomes more useful with certain property types, blended families, or a desire to avoid probate on specific assets.

Sources

Ted Smith Law Group, PLLC has served Central Texas families since 1976. We help people put their wills, powers of attorney, and trusts in order before a crisis forces the issue. Call (254) 690-5688 for a consultation, or learn more about our estate planning services.