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Estate Planning FAQ

Direct answers to common Fort Worth estate planning & probate questions.

Direct Answers

Estate Planning FAQ

If a Tarrant County resident dies without a valid will, Texas intestacy law (Estates Code Chapter 201) dictates how assets are divided among surviving spouses, children, or other relatives, which may differ significantly from what the person would have chosen.

A written will is generally valid in Texas if signed by the testator and two witnesses age 14 or older (Estates Code § 251.051); Texas also recognizes valid handwritten (holographic) wills signed entirely in the testator’s own handwriting.

Under Texas Estates Code Chapter 205, a small estate affidavit lets qualifying small, largely debt-free estates transfer assets to heirs without a full probate administration, saving time and cost.

Most Texas estate plans include both: a will directs how assets are distributed after death, while a Statutory Durable Power of Attorney (Estates Code Chapter 751) and Medical Power of Attorney let a trusted person act for you during your lifetime if you become unable to.

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