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Essential Documents for Estate Planning in Texas

Posted by Chris Peterson | Aug 22, 2023

Estate planning is a crucial step in ensuring that your assets are distributed according to your wishes and your loved ones are taken care of in the event of your passing. Texas, like every state, has its own set of laws and regulations governing estate planning. To navigate this process effectively, it's important to have the right documents in place. In this blog post, we'll discuss the essential documents you need for estate planning in Texas.

1. Last Will and Testament: A Last Will and Testament, commonly referred to as a "will," is perhaps the most well-known estate planning document. This legal document allows you to specify how you want your assets to be distributed after your death. In your will, you can name an executor who will be responsible for carrying out your wishes and handling the distribution of your estate.

2. Durable Power of Attorney: A Durable Power of Attorney grants someone you trust the authority to make financial decisions on your behalf if you become incapacitated. This document can be broad or limited in scope, depending on your preferences. It's important to choose an agent who will act in your best interests and manage your financial affairs responsibly.

3. Medical Power of Attorney: Similar to a Durable Power of Attorney but focused on medical decisions, a Medical Power of Attorney designates a person to make healthcare decisions for you if you're unable to do so yourself. This agent will work with healthcare providers to ensure your medical preferences and treatments align with your wishes.

4. Living Will: A Living Will outlines your preferences regarding life-sustaining medical treatments in case you're in a terminal condition or a persistent vegetative state and unable to communicate your wishes. It provides guidance to your family and medical professionals about whether you want to be kept on life support under specific circumstances.

5. Revocable Living Trust: A Revocable Living Trust can be a valuable tool in estate planning, especially for those with substantial assets or complex family dynamics. This trust allows you to transfer ownership of your assets to the trust, and you retain control as the trustee. Upon your passing, the assets are distributed to the beneficiaries you've named in the trust, avoiding probate. The Revocable Living Trust is also a stronger form of incapacity planning.

6. Designation of Guardian: If you have minor children, a Designation of Guardian document allows you to nominate a guardian who will take care of your children in the event of your death. This can prevent potential disputes and ensure your children are cared for by someone you trust.

7. HIPAA Authorization: The Health Insurance Portability and Accountability Act (HIPAA) protects the privacy of your medical information. Signing a HIPAA Authorization form allows your designated agents to access your medical records and communicate with healthcare providers on your behalf.


Estate planning in Texas involves various legal documents that protect your interests and ensure your wishes are carried out appropriately. Consulting with an experienced estate planning attorney is highly recommended to create a personalized plan that aligns with your unique situation and goals. By having these essential documents in place, you can provide peace of mind for yourself and your loved ones during challenging times. Remember that laws and regulations can change, so it's important to stay informed and keep your estate plan updated as needed.

About the Author

Chris Peterson

Chris Peterson is the owner of Peterson Law Group. He practices primarily in the areas of wills, trusts and estate planning; probate and trust administration; elder law; and business law. Chris is also the owner of Brazos 1031 Exchange Company.

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