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Texas operates under community property law, one of only nine states to do so. Most assets acquired during marriage belong equally to both spouses regardless of whose name is on the title or who earned the income. This fundamental difference from common law states shapes every aspect of estate planning here, from how property passes at death to what a surviving spouse automatically inherits.

Like all states, Texas recognizes formally executed wills and living trusts as valid estate planning tools. A standard will here requires 2 adult witnesses, and adding a notarized self-proving affidavit can streamline the probate process later. The state also recognizes holographic (handwritten) wills, though these have stricter proof requirements and are more vulnerable to legal challenges.

The state adopted the Uniform Power of Attorney Act in 2017, modernizing its rules around financial powers of attorney. If you have older documents, it may be worth reviewing them to ensure they take advantage of the current law's protections.

If you die without a will in Texas, your heirs must survive you by at least 5 days to inherit anything. This "survival period" exists to prevent property from passing through multiple estates in quick succession when family members die close together in time, such as in an accident. The amount a surviving spouse inherits without a will depends on whether your parents are still alive. If they are, your spouse may have to share the estate with them—a result that surprises many people and underscores why having a will matters. Texas uses "per capita at each generation" distribution when dividing assets among descendants. This modern approach ensures that grandchildren whose parent predeceased you share equally with other grandchildren, rather than splitting only their parent's portion. When children survive, Texas gives the surviving spouse only a life estate in one-third of the deceased spouse's separate real property—the right to use it during their lifetime, but not to sell it. The remaining separate property and all community property follow different rules. This complexity is one reason Texas families often use trusts to simplify asset transfers.

Smaller estates under $75,000 can use a simplified transfer process that avoids full probate proceedings.