Are Beneficiary Designations Protected in Texas?
Texas automatically revokes an ex-spouse as beneficiary at divorceTex. Fam. Code § 9.301; Tex. Fam. Code § 9.302; Tex. Est. Code § 123.052; Tex. Est. Code § 123.151; Tex. Est. Code § 114.057Verified Sep 15, 2026View source; employer plans under ERISA follow federal rules either way, so a 401(k) beneficiary changes only by a new designation.
A beneficiary designation on life insurance, a retirement account, a payable-on-death bank account or a transfer-on-death brokerage account decides who receives that asset at death, in Texas as everywhere. The designation controls over the will or trust, and an outdated one stays in force whatever the other documents say.
Yes. Texas automatically revokes an ex-spouse as beneficiary on divorce for these asset types: life insurance, retirement accounts, pod accounts, tod accounts, annuitiesTex. Fam. Code § 9.301; Tex. Fam. Code § 9.302; Tex. Est. Code § 123.052; Tex. Est. Code § 123.151; Tex. Est. Code § 114.057Verified Sep 15, 2026View source. An ERISA-governed employer plan (a 401(k), a pension) follows federal law instead and must be updated by hand whatever the state rule says.
Texas is a community property state, but it does not require a spouse's consent to name a non-spouse beneficiaryTex. Fam. Code §§ 3.002, 3.102, 3.104, 7.009; 29 U.S.C. § 1055 (ERISA § 205)Verified Sep 15, 2026View source: each spouse manages their own community property, and the other spouse's claim to half of a community-funded asset is raised after death rather than through a consent form. The federal Employee Retirement Income Security Act (ERISA) preempts state law for an employer-sponsored plan such as a 401(k), a pension or group life insurance: the plan pays the designation on file with the plan administrator, and a qualified plan requires the spouse's consent to name anyone else (Egelhoff v. Egelhoff, 2001; Kennedy v. Plan Administrator, 2009).
Yes. Texas gives inherited IRAs full statutory protection from creditorsTex. Prop. Code § 42.0021Verified Sep 15, 2026View source. After Clark v. Rameker (2014) held that federal bankruptcy law does not protect an inherited IRA, the state statute is the shield.
No. Texas does not default to per stirpes for beneficiary designationsTex. Est. Code § 255.153; Tex. Est. Code § 113.152; Tex. Est. Code § 111.052Verified Sep 15, 2026View source: when a named beneficiary dies before the account holder, the share lapses unless the designation says per stirpes or names a contingent beneficiary.
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Divorce
What divorce does and does not undo: beneficiary designations, your will, powers of attorney, and the one account your ex stays on until you change it.
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Marriage
What married couples need in place: one joint trust or two, wills, beneficiary updates, and the spousal rights your state grants you automatically.
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Retirement
Retirement changes your financial picture. Healthcare directives, beneficiary reviews, long-term care planning, and protecting what you've built.
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Serious Diagnosis
A serious diagnosis changes priorities. Healthcare proxies, financial powers of attorney, and the documents that ensure your wishes are honored.
Learn moreForms for Planning Your Estate in Texas
Free forms for planning your estate in Texas: a will, living trust, pour-over will, both powers of attorney, living will, and TOD deed.
Last Will and Testament
In Texas, a will is signed before 2Tex. Est. Code § 251.051Verified Sep 16, 2026View source witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimonyTex. Est. Code § 251.051Verified Sep 16, 2026View source.
Codicil to a Will
In Texas, a codicil is signed before 2Tex. Est. Code § 251.051Verified Sep 16, 2026View source witnesses, like a will, and the self-proving affidavit signed with it lets the court admit it without witness testimonyTex. Est. Code §§ 22.034, 251.104Verified Oct 25, 2026View source.
Healthcare Power of Attorney
Texas allows a choice for a healthcare power of attorney: 2Health & Safety Code § 166.164Verified Oct 15, 2026View source witnesses or a notary.
HIPAA Release
In Texas, a HIPAA release names who may receive your records and, as the state requires, names HIV/AIDS-related information and genetic informationTex. Health & Safety Code § 81.103(a), (b), (d) (Acts 1989, 71st Leg., ch. 678, § 1; last amended Acts 2015, 84th Leg., R.S., Ch. 1278, § 12); Tex. Occ. Code §§ 58.102, 58.104 (Added Acts 2003, 78th Leg., ch. 1276, § 14.001(a))Verified Jun 19, 2026View source expressly before a provider releases them.
Financial Power of Attorney
Texas requires explicit durability language for a power of attorney to survive incapacityTex. Est. Code § 751.0021Verified Oct 21, 2026View source, and it is signed before a notaryTex. Est. Code § 751.0021Verified Oct 21, 2026View source.
Transfer on Death Deed
In Texas, a transfer on death deed is signed before a notaryTex. Estates Code 114.001 to 114.106Verified Oct 19, 2026View source, then recorded with the county before the owner's deathTex. Estates Code 114.001 to 114.106Verified Oct 19, 2026View source.
Lady Bird Deed
In Texas, a Lady Bird deed is recognized by court decisionsIn re Estate of Turner, No. 06-17-00071-CV (Tex. App.—Texarkana Dec. 8, 2017, pet. denied) (mem. op.)Verified Oct 23, 2026View source: the owner keeps a life estate and the power to sell or convey the property without the granteeIn re Estate of Turner, No. 06-17-00071-CV (Tex. App.—Texarkana Dec. 8, 2017, pet. denied) (mem. op.)Verified Oct 23, 2026View source.
Tools for Planning Your Estate in Texas
Free tools for planning your estate in Texas: what a will or trust costs, whether you need a trust or TOD deed, and how documents are signed.
How Much Is the Federal Gift Tax?
Whether a gift owes federal gift tax, how much of the annual exclusion and lifetime exemption it uses, and whether Form 709 is due.
What Does Estate Planning Actually Cost?
An attorney-prepared revocable trust in Texas runs $4,130Estimate: 10 hours at $413, Clio's Texas Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $6,195Estimate: 15 hours at $413, Clio's Texas Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source and a simple will $1,161Estimate: 3 hours at $387, Clio's Texas Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $2,322Estimate: 6 hours at $387, Clio's Texas Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $549 up front plus a subscription with an online service.
How Much Life Insurance Do I Need?
In Texas, four years at a public university cost about $76,292NCES Digest of Education Statistics 2023, Table 330.20, public 4-year in-state tuition, fees, room and board, academic year 2022-23Verified Oct 17, 2026View source and the cost of living is near the U.S. averageBEA Regional Price Parities, all items, by state, 2024Verified Oct 17, 2026View source; no state estate or inheritance tax appliesNo state estate or inheritance tax; Tex. Const. Art. VIII, § 26 (added Nov. 4, 2025 — HJR 2, 89th Leg., R.S., approved as Prop. 8) constitutionally prohibits any state estate, inheritance, or death tax. Former inheritance tax (Tex. Tax Code Ch. 211) repealed by SB 752 (84th Leg., R.S. 2015), effective Sept. 1, 2015; pick-up tax inoperative since EGTRRA 2001.Verified Sep 15, 2026View source.
How Much Does Probate Cost?
Probate on a $500,000 estate in Texas costs an estimated $27,634Tex. Est. Code § 352.051 (reasonable and necessarily incurred fees; no statutory percentage)Verified Sep 8, 2026View source. Attorney fees run 2.2%Modeled estimate under Tex. Est. Code § 352.051 (reasonable and necessarily incurred fees; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 3.5%Modeled estimate under Tex. Est. Code § 352.051 (reasonable and necessarily incurred fees; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of the estate under a reasonable-compensation standard.
Who Inherits Without a Will?
Texas is a community property state, so the surviving spouse already owns half of what the couple acquired during the marriage. Without a will in Texas, descendants divide what passes to them per capita with representationTex. Est. Code § 201.101Verified Oct 21, 2026View source, and an heir must survive the decedent by 120 hoursTex. Est. Code § 121.052Verified Oct 21, 2026View source to inherit.
How Much Does a Revocable Living Trust Cost?
An attorney-prepared revocable living trust in Texas runs $4,130Estimate: 10 hours at $413, Clio's Texas Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $6,195Estimate: 15 hours at $413, Clio's Texas Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source for an individual, against $0 to $549 up front plus a subscription with an online service.
How Much Does a Will Cost?
An attorney-prepared will in Texas runs $1,161Estimate: 3 hours at $387, Clio's Texas Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $2,322Estimate: 6 hours at $387, Clio's Texas Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $299 up front with an online service, and probate on a $500,000 estate adds about $27,634Tex. Est. Code § 352.051 (reasonable and necessarily incurred fees; no statutory percentage)Verified Sep 8, 2026View source.
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Texas Estate Planning Resources
In-depth guides covering Texas probate laws, trust requirements, and estate planning strategies.