Texas Will Division, or Yours — You Get to Choose
A will is the one document that lets you speak after you're gone. We make sure it says exactly what you mean.
If you die without a will in Texas, the state has a plan for your estate. It's called intestacy law, and it follows a fixed formula based on family relationships — not your relationships, your intentions, or the realities of your life. For blended families, unmarried couples, or anyone with a specific wish about who receives what, that formula rarely lands where it should.
A valid, attorney-drafted will changes that. It puts you in control of who inherits your assets, who raises your children, and who manages your estate when you're no longer able to. You don't need a large estate to need a will. You need people who love you.
At The Curry Law Firm, we draft wills that actually do what you intend them to do — clear, legally sound, and built around your life.
- Six attorneys, each a specialist — not a generalist stretched thin
- Seamless cross-referrals within the firm so nothing falls through the cracks
- Full business lifecycle coverage: formation, contracts, trademarks, succession, estate planning, and litigation
- Plain-English communication at every stage — no jargon, no confusion
- Genuinely free consultations, because you deserve to understand your options before you commit
- Bilingual services for Houston's Spanish-speaking business community
What Happens in Texas Without a Will
Texas intestacy law distributes your estate based on a statutory hierarchy — spouse, children, parents, siblings — in a fixed order that doesn't account for your circumstances. The results can surprise families and, in some cases, create real conflict.
A few situations where intestacy law produces outcomes most people wouldn't choose:
- An unmarried partner receives nothing, regardless of the length or depth of the relationship
- Children from a prior relationship may receive a share that conflicts with a surviving spouse's needs
- A close friend, a sibling you were especially close to, or a favorite charity receives nothing
- Minor children's assets pass through a court-supervised process rather than a trusted guardian you've named
- Your chosen executor has no legal authority — the court appoints one instead
Writing a will doesn't require a large estate or a complicated life. It requires clarity about what you want and a document that holds up when it counts.
- Six attorneys, each a specialist — not a generalist stretched thin
- Seamless cross-referrals within the firm so nothing falls through the cracks
- Full business lifecycle coverage: formation, contracts, trademarks, succession, estate planning, and litigation
- Plain-English communication at every stage — no jargon, no confusion
- Genuinely free consultations, because you deserve to understand your options before you commit
- Bilingual services for Houston's Spanish-speaking business community
Do You Need an Attorney to Make a Will in Texas?
Texas law doesn't require an attorney to draft a will — but it does require the will to meet specific execution standards. And that's where DIY wills frequently fall apart.
To be valid in Texas, a will must be:
- Written (typed or handwritten — Texas recognizes holographic wills, but they carry higher risk)
- Signed by the testator (the person making the will)
- Witnessed by two credible witnesses who are present at the same time and sign in the testator's presence
A will that fails any of these requirements can be challenged or invalidated entirely. Common DIY errors include improper witnessing, missing or misplaced signatures, ambiguous language that creates disputes among beneficiaries, and provisions that don't account for Texas community property rules.
A will that doesn't hold up is worse than no will at all — it creates litigation, delays, and family conflict at the worst possible time. An attorney drafts your will to meet Texas's requirements from the start and uses language that leaves no room for interpretation.
What a Will Can — and Can't — Do for Your Family
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Survivors pursuing immigration relief under VAWA often need a legal process that feels safe, respectful, and confidential. Wogwu Law, PLLC helps clients understand their options while building a path toward greater stability and independence.
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Whether you're planning to sell, pass the business to family, or bring in a partner, succession planning protects what you've built. We help you structure the transition before it becomes urgent.
A last will and testament is the foundation of most estate plans. Here's what it covers:
- Asset distribution: You name who receives your property, in what shares, and under what conditions.
- Guardian designation: If you have minor children, you name the person you trust to raise them.
- Executor appointment: You choose who manages your estate, pays your debts, and carries out your instructions.
- Specific bequests: Heirlooms, sentimental property, or gifts to individuals or organizations — named explicitly.
A will does not, however, control assets that pass by beneficiary designation or joint ownership — retirement accounts, life insurance policies, and jointly held property transfer outside the will entirely. It also doesn't avoid probate, which is the court process through which a will is validated and carried out.
If avoiding probate, managing assets for a minor, or planning for incapacity are priorities, a trust or additional documents may be the right complement to a will. We'll tell you honestly which documents your situation calls for — and which ones you don't need yet.
A Will Is Usually Just the Beginning
Most clients who come to us for a will leave with a clearer picture of their full estate plan. That's not a sales pitch — it's just what happens when you sit down and think through the questions a will raises.
A complete plan typically includes:
- Durable power of attorney: Names someone to manage your finances if you become incapacitated
- Medical power of attorney: Names someone to make healthcare decisions on your behalf
- Advance directive(living will): Documents your wishes for end-of-life medical care
These documents work alongside your will to cover the gaps it can't fill. We offer all three as part of our estate planning practice, and we can walk you through which combination makes sense for your life right now.
Frequently Asked Questions About Wills in Texas
How much does it cost to make a will with a lawyer in Houston, TX?
Will drafting fees vary based on the complexity of your estate and the documents involved. A simple will for an individual or couple is typically the most straightforward engagement we offer. We discuss fees during your consultation — which requires a $25 refundable holding fee to schedule — so you know exactly what to expect before we begin.Do I need an attorney to make a will in Texas?
No — Texas law doesn't require one. But Texas does require specific execution steps, and DIY wills that miss them can be challenged or invalidated. An attorney ensures your will meets every legal requirement and uses language that reflects your actual intentions, not a generic template.What happens if you die without a will in Texas?
Texas intestacy law takes over. The state distributes your estate according to a fixed formula based on family relationships — regardless of your wishes. For blended families, unmarried partners, or anyone with specific intentions about their estate, the result often doesn't match what they would have chosen.Can a simple will cover everything I need?
For many people, yes — a will addresses asset distribution, guardian designation for minor children, and executor appointment. But a will doesn't cover incapacity planning or assets that pass by beneficiary designation. Depending on your situation, a durable power of attorney, medical power of attorney, or trust may belong alongside it. We'll help you figure out what your plan actually needs.What makes a will invalid in Texas?
The most common issues are improper witnessing, missing signatures, and ambiguous language. Texas requires two witnesses present at the same time when the testator signs. Holographic (handwritten) wills have different requirements. Any of these errors can give a court grounds to reject the will — which is why having an attorney draft and execute the document matters. Can I update my will after it's been signed? Yes. You can revoke or amend a will at any time while you have legal capacity. Life changes — marriage, divorce, new children, significant asset changes — are all good reasons to revisit your will. We can help you update an existing will or draft a new one when your circumstances call for it.
Ready to Put Your Wishes in Writing?
Your family deserves clarity, not a court process. A well-drafted will gives them both — and it starts with a single conversation. Schedule your consultation with our Houston wills attorney today and leave knowing your plan is in place.
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