Guides
Wills, Probate and Incapacity in Texas: Questions and Answers
About these guides
Texas has its own probate rules, its own community property system, and its own forms for powers of attorney and medical directives. Each page below answers one question about what happens when someone dies or becomes unable to act.
How Probate Works in Texas: Independent Administration
How a Texas probate case runs: filing the will, getting letters testamentary, independent administration, paying debts and distributing assets.
Muniment of Title: Texas Probate Without Administration
A muniment of title proves a will so property can be retitled, with no executor appointed. When it works in Texas, what it needs, and when it does not.
Dying Without a Will in Texas: Who Inherits
If you die without a will, Texas intestacy law decides who inherits. Spouse and children shares, community vs separate property, and why a plan matters.
Texas Community Property at Death
What happens to community and separate property when a spouse dies in Texas: each spouse's half, the will, intestacy, and the tax basis step-up.
Surviving Spouse Homestead Rights in Texas
A surviving Texas spouse has the right to live in the homestead for life, even if the will leaves it to someone else. How the right works and its limits.
Self-Proved Will in Texas: Why the Affidavit Matters
A self-proving affidavit lets a Texas court accept your will without testimony from the witnesses. How it works, who signs, and what a valid will needs.
Durable Power of Attorney in Texas
A durable power of attorney lets someone manage your money if you cannot. How the Texas statutory form works, springing vs immediate, and risks.
Medical Power of Attorney and Directive to Physicians in Texas
Texas medical power of attorney, directive to physicians and HIPAA release: what each does, who can serve, and why all three work together.
Incapacity With No Plan in Texas: Guardianship
With no power of attorney, a Texas family may need a court guardianship. How it works, what you give up, and the alternatives.
Transfer on Death Deed in Texas: How It Works
A Texas transfer on death deed passes real estate to a beneficiary at your death without probate. Requirements, revocation, lien rules and pitfalls.
Beneficiary Designation vs Will: Which Controls?
Beneficiary designations on life insurance, retirement accounts and payable-on-death accounts override your will. How to avoid conflicts in Texas.
Joint Tenancy With Right of Survivorship in Texas
Texas does not create survivorship rights automatically. What a written agreement must say, how joint accounts work, and the risks of adding a child.
What an Executor Does in Texas
An executor's duties in a Texas estate: filing the will, inventory, notices to creditors, paying debts and taxes, distributing assets, and personal liability.
Small Estate Affidavit in Texas: When It Works
A small estate affidavit lets heirs collect a Texas decedent's assets without probate when the estate is small. Limits, who qualifies and what it cannot do.
Out-of-State Property and Ancillary Probate
Owning real estate in another state can require a second probate there. How ancillary probate works and how a trust avoids it for Texas residents.
Disinheriting a Child and No-Contest Clauses in Texas
Texas has no forced heirship, so you can disinherit a child. How to do it clearly, what no-contest clauses can do, and how to reduce disputes.
Digital Assets in an Estate Plan
Email, cloud storage, crypto, online accounts and social media need explicit planning. How Texas law governs access and what to put in your documents.
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This page is for general informational purposes and does not constitute legal advice. Anchor Legacy Planning is not a law firm; legal work is performed by independent, licensed attorneys.