Wills and Directives

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This legal research guide provides information on topics such as elder care, wills and estate planning, and medical directives.

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General Information

About This Guide

Here you will find information you may need when planning for the possibility of becoming disabled or incapacitated, or when creating plans for your property, estate, or remains after you die.

If you need information about how to take care of someone else's will, property, or estate after they have died, see our research guide on probate.

Is There a Standard Form For a Simple Will?

A state law from 2015 requires the Texas Supreme Court to create simple will forms. In 2023, the Supreme Court approved the following forms in English and Spanish:

Forms

The Texas Supreme Court has approved final versions of forms to create a will. Templates include wills for a person who is single, widowed, or divorced and who has children; a married person who has children, a person who is single, widowed, or divorced and does not have children, and a married person who does not have children.

Writing a Will

A common question at the law library is: How do I write my own will?

If you would like to create your own simple will, our library offers several e-books with templates that can help get you started! You may be able to tailor the templates in our resources to suit your individual needs.

You'll need to register for a library account online first — free and available to Texas residents.

Then see the resources we highlight in our Legal FAQ: How do I write my own will? Is there a form for that?

Understanding the Law

This FAQ points you to library e-books with various templates for creating your own will.

This page from the State Bar of Texas discusses general requirements and content for a holographic (handwritten) will.

This blog post from a private attorney's website outlines the basic requirements for creating a valid will in Texas.

This blog post from the Texas Agriculture Law Blog examines an opinion from the Corpus Christi Court of Appeals in a discussion of requirements to execute a valid will in Texas.

This State Bar of Texas online brochure explains various ways property can be transferred at death.

Judon Fambrough, of the TAMU Real Estate Center, wrote this article to explain the basic requirements of a will and how Texas law determines what happens to your property if you don't have a will. The article originally appeared in the January 2013 edition of Tierra Grande.

This post from a private attorney's blog gives a brief explanation of various types of wills, including holographic wills, simple wills, pour-over wills, and more.

Forms

This simple will form from Texas Law Help is intended for people who have children but are single, divorced, or widowed. A checklist is included.

This simple will form from Texas Law Help is intended for people who do not have children and are single, divorced, or widowed. A checklist is included.

Estate Planning

These resources can help you understand and control what happens to your possessions after your death.

This article written by Texas RioGrande Legal Aid gives a brief introduction to the basics of estate planning, including creating wills, powers of attorney, advanced directives, and special deeds.

This fact sheet from Texas A&M AgriLife Extensions sets suggests creating a "flight plan" or folder with key information and documents as an estate planning strategy.

eFileTexas's self-help section contains this interactive interview that will help you create completed forms for a durable power of attorney, medical power of attorney, an advance directive to physicians, a HIPAA medical records release, or all of the above.

The Texas A&M Real Estate Center has written this article that discusses durable powers of attorney, medical powers of attorney, and other advance directives. The article links to forms throughout.

Texas Bar Journal "Client Page" by Joel Hailey outlining some of the options for planning for the care of your pets when you no longer are able.

A guide to probate and estate planning in Texas.

This post from the Texas Agriculture Law Blog discusses the different ways that setting up a bank account can potentially impact settling an estate.

This 12-part video series from Dr. Wayne Hayenga looks at different aspects of estate planning in Texas. Topics include components of a will, types of living trusts, the four ways to pass property, and family considerations in estate planning.

This checklist from Consumer Reports goes over a list of actions the family can take in the period immediately following a person's death to handle their affairs.

Transfer on Death Deeds & Lady Bird Deeds

This post from Texas Agriculture Law Blog helps answer many questions about transfer on death deeds (or TODD), including basic functions and pros and cons.

This kit from TexasLawHelp.org provides you with information and forms to pass on your house or land without a will.

This blog post outlines some of the typical pros and cons that come with transferring real property prior to death instead of waiting for it to pass through a will.

Informative blog post on enhanced life estate deeds (frequently referred to as "Lady Bird deeds") from the Texas Agriculture Law Blog.

Forms for Making Your Medical Care Wishes Known

Having your medical care wishes down in writing can help ensure they are carried out.

The Texas Department of Health and Human Services has assembled several different forms to assist individuals in preparing advanced directives. Forms for a medical power of attorney, directive to physicians, and an out-of-hospital do not resuscitate form are included.

DSHS provides this Out of Hospital Do Not Resuscitate form and related information.

This FAQ from Texas Law Help covers the basics of directives to physicians in Texas, including information on these directives are used, requirements for a valid directive, and more.

The Texas Attorney General has many helpful online brochures for consumers. This title is Estate and Advance Care Planning.

The American Bar Association Commission provides the Consumer’s Tool Kit for Health Care Advance Planning.

Long-Term Care

These resources help you investigate options for long-term care.

The Department of Health and Human Services (HHS) offers this search engine to help you find quality care facilities. The search results include information about complaints, investigations and inspections, as well as information on whether or not the facility accepts Medicaid or Medicare.

The Texas Department of Insurance maintains this webpage of information on long-term care. The page includes information on long-term care insurance and links to resources for elders and caregivers.

The Texas Attorney General has many helpful online brochures for consumers. This title includes numerous links to additional information on aging issues.