Let’s be honest. Nobody wakes up on a Saturday morning in San Antonio, Texas and says, Today feels like a good day for estate planning. It’s uncomfortable. But here’s the thing: the people who skip it aren’t saving themselves any trouble. They’re just handing that trouble to the family they love most. A good will isn’t complicated, and it doesn’t have to be scary. It just has to cover the right things. Let’s walk through them together.
Start With the Basics
Your will should say who you are, where you live, and that this is your last will and testament. It should also say you’re of sound mind and that nobody pressured you into signing. But if a relative ever questions the will in probate court, those few lines help prove it’s really what you wanted.
Pick an Executor You Trust
Your executor is the person who actually gets things done after you’re gone. They find your assets, pay your final bills, deal with the court, and hand out what you’ve left behind. So choose someone steady and honest. Name a backup too, because things happen. And your will can say your executor doesn’t need to post a bond, which keeps more money in the estate.
Name Guardians for Your Kids
If your children are under 18, this part matters more than anything else in the document. Many parents start reading about types of family law in Texas the very moment they begin worrying about what happens to their young kids. Naming a guardian in your will is one answer to that worry. Picture two parents who pass away together with no guardian named. A judge, who has never met your family, has to decide who raises your kids. It might work out fine. It might not. Why leave it to chance? Name a guardian, name a backup, and have an honest talk with both of them first. You can also choose someone to manage the money you leave your children until they’re ready for it.
Be Clear About Who Gets What
Vague wishes cause real fights. “Split it fairly” sounds simple until two siblings disagree about what fair means. Use full names, explain how each person is related to you, and be specific about big items like your house, your truck, or Grandma’s ring. Then divide whatever’s left by percentage. A few extra minutes now can save your family months of arguing later.
Add Backup Beneficiaries
Here’s something people forget. What if the person you named in your will passes away before you do? If your will doesn’t say what happens next, that share could go somewhere you never intended. People run into the same problem when someone dies without a will in Texas, and it often gets messy. State default rules take over, and those rules may not match what you wanted. Naming backup beneficiaries is a small step that keeps your wishes steady, even when life doesn’t cooperate.
Don’t Forget Community Property
Texas is a community property state. Many people ask what a wife inherits when her husband dies, and the answer usually starts here. In general, what you and your spouse earn during the marriage belongs to both of you equally, no matter whose name is on the account. That means your will can only pass on your half. Your spouse already owns the other half. An attorney can look at what you own and make sure your will works with these rules instead of fighting them.
Think About the Family Home
For most families, the house is the biggest thing they own. Texas law gives it special protection. A surviving spouse and minor children may have homestead rights that help them stay put and shield the house from most creditors. If you’re in a second marriage or have kids from a past relationship, specialized planning helps make sure everyone is treated the way you meant.
Sign It the Right Way
A will only works if it’s signed correctly. In Texas, it has to be in writing, signed by you, and witnessed by two people who are at least 14 and watch you sign. Add a self-proving affidavit, which is a notarized statement from you and your witnesses, and your witnesses won’t have to show up in court later.
Remember What a Will Can’t Do
Some things never pass through your will. Life insurance, retirement accounts, and bank accounts with a named beneficiary go straight to whoever’s listed. If you divorced years ago and never updated that form, your will can’t fix it. Check those forms now and again, and make sure they match the rest of your plan.
Keep It Up to Date
Life changes, and your will should change with it. A wedding, a divorce, a new baby, a move, or a big shift in your finances can all leave an old will behind. Look it over every few years and after any big life event.
You Don’t Have to Do This Alone
Every family is different, and a will works best when it fits your life. At Skeen Law Firm, attorney Amanda Skeen helps individuals and families in San Antonio, Texas put plans in place that protect their assets and the people they love. Whether you need a first will, an update, or a bigger plan with trusts, she’ll listen and explain things in plain English. Call Skeen Law Firm to set up a consultation.
Frequently Asked Questions
- Do I need a lawyer to make a will in Texas?
No, the law doesn’t require one. But a small mistake in wording or signing can cause big problems later. An attorney can make sure your will fits your family and follows Texas rules from the start. - Does having a will mean my family can skip probate?
Not usually. In Texas, a will generally has to be admitted to probate before it can prove who owns your property. A will does make the process clearer, because it tells the court what you wanted. Without one, the court follows state default rules instead. - Is a handwritten will valid in Texas?
It can be, if you write the whole thing in your own handwriting and sign it. But handwritten wills are easier to challenge and often leave gaps. Most families are better off with a properly prepared will. - Does my will have to be notarized?
No, notarizing isn’t required for a will to be valid. Still, adding a self-proving affidavit, signed in front of a notary, helps your will move through probate faster. Texas updated some Estates Code rules tied to self-proved wills in 2025, so use a current form. - How often should I update my will?
Look it over every few years. Also update it after a marriage, divorce, birth, move, or big financial change. An old will can leave out people you care about or name someone who is no longer the right fit. - Can someone challenge my will after I’m gone?
Yes, an interested person can file a will contest in probate court. In most cases, they have two years after the will is admitted to do it. Clear wording, a proper signing, and a self-proving affidavit all make a challenge harder to win.
