Estate Planning Attorneys in Texas

Without an estate plan, Texas intestacy law decides who inherits, a court decides who manages the estate and who serves as guardian of minor children, and the family has to go through probate without instructions. A plan lets you choose those people and outcomes, and it covers incapacity as well as death.

For most Texas families, federal estate tax is not the main issue. The federal basic exclusion amount is $15,000,000 per person for 2026, under Public Law 119-21, according to the IRS, and a surviving spouse can elect to use a deceased spouse’s unused exclusion, which requires a timely filed federal estate tax return (Form 706) for the deceased spouse’s estate even when no tax is owed. Texas has no state estate tax. Planning usually focuses on avoiding unnecessary probate cost and delay, planning for incapacity, protecting children and other beneficiaries, and handling community property and business interests correctly. Long-term care and Medicaid planning are covered in the guide to elder law attorneys in Texas, and charitable giving vehicles in the guide to nonprofit organization attorneys in Texas.

What Estate Planning Attorneys Handle

Wills and Trusts

A will names an executor and directs who receives your property. Trusts add control, privacy, and probate avoidance. A revocable living trust lets you manage assets during life and pass them at death without court administration of the trust assets. Properly structured irrevocable trusts can move assets outside the taxable estate and may offer creditor protection, depending on how they are drafted and funded and when the transfers are made. Supplemental needs trusts can preserve government benefits for a beneficiary with a disability.

Incapacity Planning

A statutory durable power of attorney lets an agent handle financial matters. A medical power of attorney names someone to make health care decisions, and a directive to physicians states end-of-life treatment wishes. HIPAA authorizations give named people access to medical information. Without these documents, a family may need a court guardianship to get authority.

Probate and Estate Administration

Texas offers several probate paths, including independent administration, dependent administration, probate of a will as a muniment of title, and small estate affidavits for qualifying intestate estates. Attorneys guide executors through inventories, notices to creditors, payment of debts, and distributions. An executor or administrator who manages the estate in compliance with the Estates Code may receive a commission of five percent of amounts actually received or paid out in cash, capped at five percent of the gross fair market value of the estate, with exclusions (Estates Code § 352.002).

How to Choose an Estate Planning Attorney

Board certification. The Texas Board of Legal Specialization certifies attorneys in Estate Planning and Probate Law.

Planning or litigation. Some attorneys focus on drafting and administration; others handle will contests and fiduciary litigation. Identify which you need.

Communication. Estate planning means discussing death, disability, and family relationships. Choose an attorney who explains options clearly.

Updates. Ask how the firm handles reviews and updates after life events or changes in the law.

Texas Estate Planning Attorneys

Lawter & Lawter

Location: Houston, Texas (statewide practice)

Website: https://lawterandlawter.com

Phone: (713) 522-9400

Both partners at this Houston firm hold Board Certification in Estate Planning and Probate Law from the Texas Board of Legal Specialization. With over 60 years of combined experience, Jack Lawter and Dianne Lawter focus on estate litigation including will contests, trust disputes, and guardianship matters. The firm has handled cases involving assets exceeding $40 million and matters appealed to the Texas Supreme Court.

Practice Focus: Will contests and estate litigation, trust disputes and administration, guardianship contests, family limited partnership disputes, fiduciary litigation, breach of fiduciary duty claims

Sharpe Law Group

Location: Dallas, Texas

Website: https://sharpelaw.com

Phone: (214) 742-6065

This Dallas firm focuses exclusively on estate planning, asset protection, and probate law. The attorneys work collaboratively with clients’ existing financial advisors and CPAs to develop integrated strategies addressing tax exposure, creditor protection, and wealth transfer goals. Services range from basic wills and powers of attorney to sophisticated trust structures for high-net-worth families.

Practice Focus: Wills and trusts, asset protection planning, probate administration, estate tax planning, business succession, prenuptial agreements, charitable planning

Crain & Wooley

Location: Fort Worth, Texas (Dallas-Fort Worth area)

Website: https://www.estateplanningdfw.law

Phone: (817) 672-9442

This Fort Worth firm offers full-service estate planning at flat-rate pricing, making quality legal documents accessible to families of all backgrounds. The attorneys handle matters ranging from simple wills to complex trust structures, business succession planning, and Medicaid planning for long-term care. The firm emphasizes education, offering free webinars on wills versus trusts and probate avoidance strategies.

Practice Focus: Wills and revocable trusts, powers of attorney and advance directives, probate consultation, Medicaid and long-term care planning, business succession, blended family planning

Costs and Fees

Estate planning documents are commonly priced as flat fees, with the price depending on whether the plan uses a will only or trusts, how many documents are needed, and how complex the family and asset picture is. Probate attorneys in Texas usually bill hourly or by flat fee; there is no statutory percentage fee for the attorney. The personal representative can be reimbursed for reasonable attorney’s fees on proof satisfactory to the court (Estates Code § 352.051), and the executor’s own commission is a separate matter under § 352.002. Ask for a written fee quote.

Frequently Asked Questions

Do I need a trust or is a will sufficient?

A will is enough for many families, especially where Texas’s independent administration or muniment of title makes probate manageable. A trust is worth considering if you want to avoid probate, keep the plan private, control distributions over time, plan for a beneficiary with special needs, or own property in more than one state. The right choice depends on your assets, family, and goals.

How often should I update my estate plan?

Review the plan every few years and after major events: marriage, divorce, births, deaths, a move to another state, buying or selling a business, or a significant change in tax law. Beneficiary designations on retirement accounts and life insurance should be reviewed at the same time.

What happens if I die without a will in Texas?

Texas intestacy law decides who inherits. For a married person, if all of the deceased spouse’s children and descendants are also children or descendants of the surviving spouse, or if there are none, the surviving spouse receives the deceased spouse’s community property. If the deceased spouse has children or descendants who are not the surviving spouse’s, the deceased spouse’s one-half of the community estate passes to those children or descendants (Estates Code § 201.003). Separate property passes under different rules. A court appoints an administrator, who may have to post bond.

Does Texas have an estate or inheritance tax?

No. Texas has no state estate tax, and its inheritance tax was repealed effective September 1, 2015, by Senate Bill 752. For 2026, a federal estate tax return is generally required only when the gross estate plus adjusted taxable gifts is more than $15,000,000, or when the executor makes a portability election, according to the IRS Form 706 instructions.

Sources

• Texas Estates Code: § 201.003, community estate of an intestate; § 352.002, executor’s standard compensation; § 352.051, expenses and attorney’s fees
• Senate Bill 752 (2015), repeal of the inheritance tax: bill analysis
• Internal Revenue Service: Instructions for Form 706; what’s new, estate and gift tax

Disclaimer: This directory is provided for informational purposes only and does not constitute legal advice, endorsement, or recommendation of any attorney or law firm. Information about attorneys and law firms was compiled from publicly available sources and may not be current or accurate. We make no representations or warranties about the qualifications, experience, or quality of any attorney listed. Always verify attorney credentials with the State Bar of Texas, confirm current contact information, and conduct your own due diligence before hiring legal counsel. No attorney-client relationship is created by use of this directory.