Do I Need a Will or an Estate Plan in Texas?

 Posted on March 20, 2026 in Business Litigation

Estate law is full of document types to keep straight. There are wills, there are trusts, there are estate plans, there are powers of attorney – the list may seem endless, and that’s before you even get to the many variations of all these.

If you feel you don’t know as much as you’d like to about all of these documents, you’re in good company. It’s perfectly normal to be unsure of which of these apply to you at your phase of life. Now is a great time to understand what you should focus on, and a Flower Mound estate planning attorney can help.

What Is the Difference Between a Will and an Estate Plan in Texas?

A will is a legal document that says who gets your property when you die. It can also name a guardian for your minor children. A will only takes effect after you pass away, and it has to go through a court process called probate before your wishes can be carried out.

"Estate planning" is the umbrella under which all the other documents – the wills, the trusts, the powers of attorney – exist. A will is only one piece of a complete estate plan. A complete estate plan may include:

• A will
• A durable power of attorney, which lets someone manage your finances if you become unable to do so
• A medical power of attorney, which lets someone make healthcare decisions on your behalf
• A living will or advance directive, which explains your wishes regarding end-of-life medical care
• A trust, which can help transfer assets to your loved ones faster by avoiding probate court  

Essentially, a will handles what happens after you die. An estate plan is the full plan for how your assets are managed during and after your lifetime.

Does Everyone Need an Estate Plan, or Is a Will Enough?

For some people in 2026, a basic will may be enough. But for many others, relying on a will alone leaves gaps. A few situations where a broader estate plan matters:

If You Become Incapacitated

A will doesn't help if you are in a serious accident or become ill and can no longer make decisions for yourself. Without a power of attorney in place, your family may have to go to court to get legal authority to act on your behalf. That process takes time and money, often at the worst possible moment.

If You Want to Avoid Probate

Probate is the court-supervised process of distributing a person's estate after death. In Texas, probate can be fairly straightforward, but it still takes time, costs money, and it becomes part of the public record. A trust can allow your assets to pass directly to your beneficiaries without going through probate.

If You Have Minor Children

If you have children under 18, an estate plan lets you name a guardian if needed and set up a structure for how and when your children receive any inheritance. Without these documents, a court will make these decisions for you.

If You Own a Business or Have Complex Assets

Business owners, property owners, and anyone with significant assets in 2026 should strongly consider a full estate plan. The right structure can reduce complications for your heirs and help ensure your wishes are carried out the way you intend.

What Happens if You Die Without a Will in Texas?

If you die without a will in Texas, state law decides who gets your property. This is called dying intestate. Texas intestacy laws, found in the Texas Estates Code Sec. 201, follow a set formula based on your family relationships. That formula may not reflect what you actually wanted. For example, an unmarried partner receives nothing under intestacy rules, regardless of how long you were together.

A will gives you control over those decisions. An estate plan gives you even more control.

Getting financial help for these issues is strongly advised, especially if you aren’t very familiar with estate law. The right documents for you depend on your family situation, your assets, and your goals. There is no single plan that works for everyone, which is why working with an attorney who takes the time to understand your specific circumstances matters.

Call a Denton County, TX Estate Planning Attorney Today

At Colbert Law Group PLLC, Attorney Colbert brings over 25 years of legal experience to every client he serves. He takes on a limited number of cases so that each client receives his full attention. He also previously  served as an administrative law judge and as a tribal judge for the Chickasaw Indian Nation. Contact Colbert Law Group PLLC at 972-724-3338 to speak with a Flower Mound estate planning lawyer today.