Wills and estate planning
A will lets you decide who receives your property and who handles your estate. Without one, Texas law decides who inherits, in an order set by statute (Estates Code chapter 201), and that may not be what you would have chosen.
What makes a will valid in Texas
- You must be of sound mind and at least 18, or be or have been married, or be serving in the armed forces (section 251.001).
- The will must be in writing and signed by you, and signed by at least two witnesses who are 14 or older, in your presence (section 251.051).
- A will written entirely in your own handwriting does not need witnesses (section 251.052). Even so, a will prepared with a lawyer avoids mistakes that are hard to fix later.
Self-proved wills
A will can be made self-proved by attaching an affidavit that you and your witnesses sign in front of a notary (section 251.101). That usually saves your family a step in probate.
When to update your will
- You marry, divorce or have a child
- You buy a home, land or a business
- The person you named to handle your estate can no longer serve
- Your will was made years ago, or in another state
Forming an LLC
A limited liability company, or LLC, is a common choice for a small business, a side business or a rental property. Setting it up correctly from the start saves trouble later.
What forming a Texas LLC involves
- A certificate of formation filed with the Texas Secretary of State. The company exists once the filing takes effect (Business Organizations Code sections 3.001 and 4.001).
- A registered agent and a registered office in Texas, so the company can receive legal papers (section 5.201).
- A company agreement, which sets how the members and managers run the company and make decisions (section 101.052). It is not filed with the state, but having one in writing can head off disputes later.
Tell us what the business does and who owns it, and we will tell you what fits.
Property deeds
Adding a spouse to the title, giving land to your children or fixing a mistake in an old deed all start with the right deed, properly signed and recorded.
The basics
- A transfer of land must be in writing, signed and delivered by the person transferring it (Property Code section 5.021).
- Record the deed with the county clerk. An unrecorded deed can be void against a later buyer or a creditor who did not know about it (section 13.001).
Transfer on death deeds
A transfer on death deed names who receives your real property when you die, while you keep owning it now (Estates Code section 114.051). You can revoke it, and it only works if it is recorded in the county where the property is located before your death (sections 114.052 and 114.055).
