Death and incapacity arrive without regard for convenience or preparation. Without proper estate planning, Texas intestacy laws determine who inherits your property, courts appoint guardians for your children, and families navigate probate without the guidance your documents would have provided. The assets you spent a lifetime building get distributed according to statutory formulas rather than your wishes.
Texas offers significant estate planning advantages that proper documentation can capture. The state has no income tax and no state estate tax. Community property rules create automatic ownership structures between spouses. Independent administration simplifies probate proceedings compared to most states. Realizing these benefits requires working with attorneys who understand how Texas law intersects with federal estate tax requirements and your specific family circumstances.
What Estate Planning Attorneys Handle
Wills and Trust Creation
A will provides the foundation of any estate plan, naming executors and specifying how assets transfer at death. Trusts offer additional control, privacy, and probate avoidance. Revocable living trusts allow you to manage assets during your lifetime while providing direct transfer upon death without court involvement. Irrevocable trusts remove assets from your taxable estate while protecting them from creditors. Special needs trusts preserve government benefits eligibility for disabled beneficiaries. Estate planning attorneys draft these documents to reflect your intentions while satisfying Texas legal requirements.
Incapacity Planning
Powers of attorney designate who makes financial and healthcare decisions if you cannot make them yourself. A durable power of attorney for finances allows a trusted agent to manage bank accounts, pay bills, and handle business matters. A medical power of attorney authorizes healthcare decisions, while a directive to physicians specifies end-of-life treatment preferences. HIPAA authorizations permit designated individuals to access medical information. Without these documents, families face expensive and time-consuming guardianship proceedings to obtain authority.
Probate and Estate Administration
When someone dies with or without a will, their estate typically requires probate administration. Executors must inventory assets, pay debts and taxes, and distribute property to beneficiaries. Texas offers multiple probate paths including independent administration, dependent administration, and simplified procedures like muniment of title and small estate affidavits. Estate planning attorneys guide executors through fiduciary duties, court requirements, and beneficiary communications.
How to Choose an Estate Planning Attorney
Board certification. The Texas Board of Legal Specialization certifies attorneys in Estate Planning and Probate Law. This credential requires demonstrated expertise through examination and substantial practice experience.
Planning focus versus litigation focus. Some attorneys concentrate on document drafting and advance planning; others specialize in disputes after death. Identify whether you need planning services, administration help, or litigation representation.
Communication style. Estate planning involves sensitive family discussions about death, disability, and inheritance. Choose an attorney who listens to your concerns and explains options without legal jargon.
Update commitment. Estate plans require periodic review as laws change and family circumstances evolve. Ask how the firm handles document updates and ongoing client relationships.
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 fees depend on complexity. Basic wills typically cost $300 to $800. Full estate plans including trusts, powers of attorney, and advance directives range from $1,500 to $5,000. Complex trust structures for high-net-worth families may cost $10,000 to $25,000 or more. Probate administration fees often calculate as a percentage of estate value or hourly billing. Most firms offer initial consultations to assess needs and provide fee estimates.
Frequently Asked Questions
Do I need a trust or is a will sufficient?
A will may suffice for simple estates where probate costs and delays are acceptable. Trusts become valuable when you want to avoid probate, maintain privacy, control distributions over time, protect assets from creditors, or plan for potential incapacity. The right choice depends on your assets, family situation, and goals.
How often should I update my estate plan?
Review your estate plan every three to five years or whenever significant life events occur. Marriage, divorce, births, deaths, substantial asset changes, moves to new states, and changes in tax law all warrant document review. Outdated documents may not reflect your current wishes or may fail to take advantage of current tax benefits.
What happens if I die without a will in Texas?
Texas intestacy laws determine inheritance based on marital status and surviving relatives. Spouses may share community property with children. Separate property follows different distribution rules. Without a will, courts appoint administrators and may require bond. Guardianship decisions for minor children fall to courts rather than your designation.
This directory provides general information about estate planning attorneys in Texas. It does not constitute legal advice or create an attorney-client relationship. Estate planning needs vary significantly based on individual circumstances, asset levels, and family situations. Consult directly with a qualified estate planning attorney about your specific situation.
Last Updated: January 2026
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. Fee estimates are approximations only and actual costs may vary significantly. 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.