Estate planning involves more than deciding who will inherit your property in the future. A complete plan can address your assets, family responsibilities, healthcare preferences, financial decision-making, beneficiary designations, and the people you trust to carry out your wishes.
According to a 2025 Pew Research Center survey of 8,750 U.S. adults, only 32% said they had created a will describing what should happen to their assets and belongings after death. The same study found that 31% had created a living will or advanced healthcare directive.
For Texas residents, preparing an estate plan can be an opportunity to organize important documents, identify potential gaps, and make decisions before they become urgent. Because Texas estate and probate laws can affect how documents are prepared and how property is transferred, reviewing your plan with an experienced attorney can help you make informed decisions based on your circumstances.
Key Takeaways
- Organize your assets and important financial information
- Review your will and other estate planning documents
- Check beneficiary designations on accounts and policies
- Plan for financial and healthcare decisions if you become unable to act
- Review your estate plan regularly after major life changes
1. Review Your Will
A will is one of the most important documents to discuss when preparing a Texas estate plan. It allows you to state how certain property should be distributed after your death and can identify the person you want to serve as executor.
Texas law establishes requirements for executing a will. Generally, a written will must be signed and witnessed by at least two credible witnesses who are at least 14 years old, although Texas law also recognizes certain exceptions, including holographic wills that are wholly in the testator’s handwriting.
An attorney can review an existing will to determine whether it reflects your current wishes and whether updates may be appropriate. If you already have a will, bring the most recent version to your estate planning meeting. Do not assume an older document still reflects your family circumstances.
2. Create an Inventory of Your Assets
Before meeting with an estate planning attorney, make a list of what you own. Having a clear overview of your assets can help your attorney understand your financial picture and identify areas that may require additional planning. It can also make it easier to determine how different assets should be addressed in your overall estate plan. Your inventory may include:
- Real estate
- Bank accounts
- Investment accounts
- Retirement accounts
- Life insurance policies
- Business interests
- Vehicles
- Personal property
- Digital assets
- Valuable collections
- Other financial interests
You do not necessarily need every document perfectly organized before your appointment. However, having a general picture of your assets can help your attorney understand the scope of your estate and identify areas that may require additional planning. Texas probate proceedings can involve identifying property owned by the deceased, and Texas law specifically requires certain information about the decedent’s property in an application for probate.
3. Check Your Beneficiary Designations
Your estate plan should not be limited to your will. Certain financial accounts and insurance policies may have beneficiary designations that determine who receives the applicable benefits. That means an estate planning review should include checking beneficiary information on accounts such as life insurance policies, retirement accounts, and other assets that provide for designated beneficiaries. Review whether your listed beneficiaries are still the people you intend to receive those assets.
Pay particular attention after:
- Marriage
- Divorce
- Remarriage
- Birth or adoption of a child
- Death of a beneficiary
- Major changes in family relationships
An attorney can help you understand how beneficiary designations fit into your overall estate plan and whether your documents work together as intended.
4. Consider Whether a Trust Fits Your Plan
A trust is not necessary for every estate plan, but it may be useful in certain circumstances. Depending on your goals, a trust may be considered for issues such as managing assets, providing for beneficiaries, or addressing specific family or financial circumstances.
Texas law permits property to be devised by will to the trustee of a trust established during the testator’s lifetime or established through provisions in the will, subject to applicable legal requirements.
The important question is not simply whether you should have trust. It is whether a trust fits your goals, assets, family situation, and broader estate plan. Discuss your options with an attorney before creating or changing a trust based solely on a general template or online recommendation.
5. Choose the Right Executor
Your executor may have significant responsibilities after your death, including locating assets, addressing debts and claims, handling probate matters, and distributing property according to your estate plan. When selecting an executor, consider someone who is responsible, organized, trustworthy, and capable of handling financial and administrative responsibilities.
- Choose someone you trust to manage important financial and legal responsibilities
- Consider the person’s organizational skills and ability to handle administrative tasks
- Name a backup executor in case your first choice cannot or will not serve
- Understand whether independent administration may be appropriate for your estate
Texas law recognizes independent administration in certain circumstances, and a person making a will may provide for independent administration in the will. An estate planning attorney can explain the options available under Texas law and help you understand how your choice of executor fits into the overall administration of your estate.
6. Plan for Incapacity and Financial Decisions
Estate planning is not only about what happens after death. It can also address what happens if you become unable to manage your own financial affairs. A comprehensive estate planning preparation process should consider who you would want to make financial decisions on your behalf if you could not make them yourself.
This may be particularly important for adults who own businesses, manage substantial financial assets, have dependent family members, or want clear instructions in the event of incapacity. Ask your attorney which documents may be appropriate for your circumstances and how they work together with your will, trust, and other estate planning documents.
7. Address Healthcare Decisions
Healthcare planning is another important part of preparing an estate plan. Consider who should be involved in healthcare decisions if you are unable to communicate your wishes. You may also want to discuss your preferences for medical treatment and end-of-life care.
A living will or advance healthcare directive can address certain medical decisions, but it is different from a will that controls the distribution of property after death. Pew Research Center found that 31% of U.S. adults surveyed in 2025 said they had created a living will or advanced healthcare directive. An attorney can help you understand which healthcare documents may be appropriate and how they fit into your broader planning strategy.
8. Consider Your Family and Inheritance Goals
Every family has different circumstances, and those circumstances can affect estate planning decisions. Your estate plan should reflect your family relationships, financial priorities, and long-term goals. For example, you may need to consider:
- Minor children
- Adult children
- Stepchildren
- A surviving spouse
- Beneficiaries with special needs
- Family members who may need financial support
- Children from a previous relationship
- Family-owned businesses
Texas law addresses property rights, wills, probate, and inheritance through specific statutory rules. Your estate plan should therefore be developed with your actual family and property situation in mind rather than copied from a generic example. If you have concerns about how particular family members will be provided for, bring those concerns to your attorney before documents are finalized.
9. Review Your Real Estate and Business Interests
Real estate and business ownership can add another layer of complexity to estate planning. Make sure your attorney knows about property you own, including your primary residence, investment property, vacation property, or real estate located outside Texas.
If you own a business or an interest in an LLC, partnership, or corporation, bring the relevant ownership and governing documents to your meeting.
Your estate plan should be coordinated with other agreements that affect ownership and succession. Depending on the circumstances, these may include operating agreements, partnership agreements, buy-sell agreements, or other contracts. The goal is to make sure your estate planning documents do not unintentionally conflict with the documents governing your property or business interests.
10. Review and Update Your Estate Plan Regularly
Creating an estate plan is not necessarily a one-time event. Your circumstances can change over time, and an estate plan that was appropriate several years ago may no longer reflect your wishes. Consider reviewing your plan after significant events such as:
- Marriage or divorce
- Birth or adoption
- Death of a beneficiary
- Significant changes in assets
- Starting or selling a business
- Purchasing or selling real estate
- Moving to another state
- Major changes in family relationships
Texas law allows a person to execute a new will, execute a codicil, or revoke an existing will or codicil, subject to applicable legal requirements. That makes regular review an important part of estate planning preparation.
What Should You Bring to an Estate Planning Attorney?
Preparing for your appointment can make the conversation more productive. You do not need to have every answer before meeting with an attorney, but gathering basic information can give your attorney a clearer picture of your circumstances.
Consider bringing:
- Your current will and trust documents
- A list of real estate
- Bank and investment account information
- Retirement account information
- Life insurance policies
- Business ownership documents
- Existing powers of attorney
- Healthcare directives
- Beneficiary information
- Information about immediate family members
- Questions about your estate planning goals
The Texas State Law Library also recommends beginning probate-related tasks by locating the will and other estate planning documents and identifying relevant financial accounts and obligations. The more complete your information, the easier it may be for your attorney to identify potential gaps and discuss appropriate planning options.
Questions to Ask an Estate Planning Attorney
Your appointment is also an opportunity to ask questions. Asking the right questions can help you better understand your options and make informed decisions about your estate plan. Consider discussing:
- Does my current Will reflect my wishes?
- Do I need trust?
- Who should serve as my executor?
- Should I name a backup executor?
- Are my beneficiary designations consistent with my estate plan?
- What happens to my property if I die without a will?
- How should I plan for incapacity?
- What healthcare documents should I consider?
- How should I account for my business interests?
- When should I review my estate plan again?
There is no single estate plan that works for everyone. The appropriate documents and strategies depend on your family, property, finances, and goals.
Build an Estate Plan That Reflects Your Goals
A Texas estate planning checklist can help you organize the information and decisions that deserve attention before meeting with an attorney. Reviewing your will, assets, beneficiaries, trusts, executor choices, healthcare preferences, and incapacity planning can help create a more complete picture of your needs. Most importantly, avoid treating an estate plan as a static set of documents. Your family, finances, property, and priorities can change, so your plan may need to change with them.
Protect Your Future With the Right Estate Planning Strategy
Understanding how your will, trusts, beneficiary designations, financial documents, healthcare instructions, and other estate planning tools work together is an important part of protecting your family and preparing for the future. From organizing your assets to reviewing your documents with an attorney, every stage can help ensure your estate plan reflects your current wishes and circumstances.
As a trusted Texas estate planning law firm, Crowl and Crowl helps individuals and families evaluate their estate planning needs and develop plans designed around their goals, assets, and family circumstances. Our team can help review existing documents, identify potential gaps, and explain the estate planning options available under Texas law.
Are you ready to review your Texas estate plan and understand which documents and strategies may be right for your circumstances? Contact us today to discuss your situation and learn more about your estate planning options.
