π TEXAS ESTATE PLANNING β DIY FORMS & DOCUMENTS
Forms You Can Review and Complete Yourself
Estate planning doesn't always mean you have to start by paying someone to prepare every document for you.
Texas provides several official forms and self-help resources that individuals can review and, when appropriate for their situation, complete themselves.
This page brings many of those resources together in one place so you can understand what each document does, where to get it, and when you may need professional assistance.
β οΈ BEFORE YOU BEGIN
These are legal documents.
A DIY form may be appropriate for a simple, straightforward situation, but everyone's circumstances are different.
Consider consulting a Texas estate-planning attorney if you have a complicated estate, blended family, minor children, disabled beneficiaries, significant debt, multiple properties, business ownership, family disagreements, unusual inheritance wishes or questions about whether a particular form will accomplish what you intend.
π 1. TEXAS LAST WILL & TESTAMENT
WHAT DOES A WILL DO?
A Last Will & Testament allows you to put instructions in writing regarding what should happen to certain property after your death.
A will can also allow you to:
β’ Name the people or organizations you want to inherit your property
β’ Name an executor to handle your estate
β’ Address certain personal property
β’ Address who should receive the remainder of your estate
β’ Make certain provisions involving your children and family
π TEXAS NOW HAS APPROVED WILL FORMS
The Supreme Court of Texas has approved will forms for several common family situations, including:
β’ Married with children
β’ Married without children
β’ Single, widowed or divorced with children
β’ Single, widowed or divorced without children
TexasLawHelp provides access to these approved forms and instructions.
β οΈ IMPORTANT
Do not choose a will simply because the form looks easy.
Select the form that actually matches your marital and family situation and carefully follow the signing instructions provided with it.
π 2. TRANSFER ON DEATH DEED β TODD
WHAT DOES IT DO?
A Transfer on Death Deed allows a Texas property owner to name who will receive their interest in certain Texas real estate after death.
The beneficiary doesn't receive ownership simply because you complete the TODD. You continue owning and controlling your property during your lifetime.
TexasLawHelp provides both a downloadable Transfer on Death Deed and a guided form that walks you through preparing one.
π IMPORTANT REQUIREMENT
A TODD isn't something you simply complete and keep at home.
TexasLawHelp's instructions state that it must be signed before a notary and filed in the county clerk's office in the county where the property is located.
GET THE TEXAS TRANSFER ON DEATH DEED & GUIDED FORM
π‘ ALSO INCLUDED: That toolkit provides a TODD cancellation form and an Affidavit of Death for use after the property owner's death.
πΌ 3. STATUTORY DURABLE POWER OF ATTORNEY
WHAT DOES IT DO?
A Statutory Durable Power of Attorney allows you to appoint someone you trust to handle certain financial and property matters on your behalf.
This is NOT the same as a Medical Power of Attorney.
A financial Durable Power of Attorney does not give your agent authority to make your healthcare decisions.
Texas has statutory language for this document. The Estates Code provides that the statutory form is legally sufficient when it substantially complies with the prescribed wording, is properly completed, and the principal's signature is acknowledged.
TEXAS STATUTORY DURABLE POWER OF ATTORNEY
Texas HHS also includes the Statutory Durable Power of Attorney among its advance-directive resources.
TEXAS HHS FORMS & ADVANCE DIRECTIVES
β οΈ THINK CAREFULLY ABOUT YOUR AGENT
A Durable Power of Attorney can give another person significant authority involving your property and finances.
Choose someone you trust.
π₯ 4. MEDICAL POWER OF ATTORNEY
WHAT DOES IT DO?
A Medical Power of Attorney allows you to name someone to make healthcare decisions for you when you are unable to make those decisions yourself, subject to the document's terms.
This is different from your financial Durable Power of Attorney.
The current Texas HHS Medical Power of Attorney form also allows you to designate alternate agents.
GET THE OFFICIAL TEXAS MEDICAL POWER OF ATTORNEY
π‘ GOOD TO CONSIDER: Don't just choose someone because they're your oldest child or closest relative. Think about who you trust to understand and carry out your healthcare wishes.
β€οΈ 5. DIRECTIVE TO PHYSICIANS β LIVING WILL
WHAT DOES IT DO?
The Texas Directive to Physicians and Family or Surrogates is commonly referred to as a Living Will.
It allows you to communicate your wishes regarding future medical treatment if illness or injury leaves you unable to communicate those wishes yourself.
This is different from a Last Will & Testament.
Last Will & Testament = What happens after you die
Living Will = Certain healthcare wishes while you're alive but unable to communicate them
GET THE OFFICIAL TEXAS LIVING WILL
π 6. OUT-OF-HOSPITAL DO-NOT-RESUSCITATE β OOH-DNR
Texas also provides an Out-of-Hospital Do-Not-Resuscitate Order.
This document instructs emergency medical personnel and other healthcare professionals not to attempt certain resuscitation measures and to permit a natural death under the circumstances covered by the order. It does not eliminate other emergency or comfort care.
β οΈ THIS IS NOT A FORM EVERYONE NEEDS
A DNR involves serious medical decisions.
This is one document I would strongly encourage members to discuss with their physician or other appropriate healthcare professional rather than simply completing it because they see it on an estate-planning checklist.
TEXAS HHS β ADVANCE DIRECTIVE FORMS
π§ 7. DECLARATION FOR MENTAL HEALTH TREATMENT
Texas also provides a Declaration for Mental Health Treatment.
This document allows a person to make certain decisions in advance concerning specified mental-health treatments if circumstances later meet the legal requirements for the declaration to become applicable.
This is another specialized document that not everyone will need.
TEXAS HHS β ADVANCE DIRECTIVE FORMS
π¦ 8. BANK ACCOUNTS β PAYABLE ON DEATH BENEFICIARIES
Your bank may allow you to designate a beneficiary who receives funds from an account after your death.
This is commonly called a Payable on Death (POD) designation.
THERE IS NOT ONE UNIVERSAL TEXAS POD FORM FOR EVERY BANK.
Contact your bank and ask:
βDo you have a Payable on Death beneficiary designation for this account?β
Use the form or process provided by your actual financial institution.
π‘ DON'T ASSUME
If you think you already added beneficiaries years ago, verify them.
Ask your bank to confirm your current beneficiary designation.
π₯ DOWNLOAD ACCOUNT & BENEFICIARY WORKSHEET
π 9. RETIREMENT ACCOUNTS, INVESTMENTS & LIFE INSURANCE
These accounts generally use beneficiary-designation forms supplied by the company that holds the account or issued the policy.
Examples include:
β’ 401(k)
β’ IRA
β’ Pension
β’ Brokerage/investment account
β’ Annuity
β’ Life insurance
CONTACT EACH COMPANY DIRECTLY
Ask:
βWho are my current beneficiaries?β
Then ask how to update them if necessary.
Don't create your own beneficiary form.
Use the beneficiary-designation process provided by the institution holding the asset.
π 10. PERSONAL & FAMILY IMPORTANT DOCUMENTS ORGANIZER
This one we can do ourselves.
Your organizer can help your family know where important information is located.
Your organizer can include:
β’ Bank information
β’ Insurance policies
β’ Property information
β’ Mortgage information
β’ Retirement accounts
β’ Investments
β’ Business information
β’ Important contacts
β’ Location of estate documents
β’ Attorney information
β’ Tax professional information
β’ Digital account information
β’ Funeral/final wishes information
β οΈ SECURITY REMINDER
Do NOT put passwords, PIN numbers, complete Social Security numbers or other highly sensitive information into a document that will be left unsecured.
The organizer can tell your trusted person where protected information can be found instead.
π₯ DOWNLOAD IMPORTANT DOCUMENTS ORGANIZER
Β
π’ 11. BUSINESS OWNER ESTATE INFORMATION WORKSHEET
If you own a business, your family may need information that has nothing to do with your personal checking account or home.
Your Business Owner Estate Information Worksheet can identify:
β’ Legal business name
β’ DBA/Assumed Names
β’ EIN location
β’ Business bank
β’ Business insurance
β’ Business property
β’ Business debts
β’ Business partners, if applicable
β’ Accountant/tax professional
β’ Attorney
β’ Important contracts
β’ Website/domain information
β’ Online selling platforms
β’ Location of business records
β’ Who should be contacted if you become incapacitated or die
β οΈ THIS WORKSHEET DOES NOT TRANSFER BUSINESS OWNERSHIP
It's an organizational document.
How a business ownership interest transfers can depend on the business structure, governing documents, ownership agreements and estate plan.
π₯ DOWNLOAD BUSINESS OWNER ESTATE INFORMATION WORKSHEET
β±οΈ 12. FINAL WISHES & FUNERAL INFORMATION
You can also prepare a personal Final Wishes Information Sheet.
This could include:
β’ Preferred funeral home
β’ Burial or cremation preference
β’ Cemetery information
β’ Existing prepaid arrangements
β’ Life insurance information
β’ People to contact
β’ Religious or memorial preferences
β’ Music or service preferences
β’ Obituary information
β’ Important family contacts
β οΈ REMEMBER
A personal worksheet is extremely helpful for communicating your wishes, but it shouldn't be presented as though it automatically replaces any Texas legal document required for a particular decision.
π₯ DOWNLOAD FINAL WISHES ORGANIZER
β 13. ESTATE PLANNING FINAL CHECKLIST
Before considering your basic estate-planning file complete, review your documents.
β Last Will & Testament reviewed
β Executor selected
β Transfer on Death Deed considered if you own Texas real estate
β Durable Power of Attorney considered
β Medical Power of Attorney considered
β Living Will/Directive to Physicians considered
β Bank beneficiaries checked
β Retirement beneficiaries checked
β Investment beneficiaries checked
β Life insurance beneficiaries checked
β Important Documents Organizer completed
β Business information documented, if applicable
β Final wishes documented
β Trusted person knows where your documents are located
β Documents reviewed after major life changes
β ESTATE PLANNING FINAL CHECKLIST
π CREATE YOUR ESTATE PLANNING FOLDER
Once you begin completing these documents, create one organized location for your estate-planning records.
You might label it:
π MY ESTATE PLANNING DOCUMENTS
Keep your documents organized so your trusted family member or representative knows where to find them when needed.
Do not make your estate plan so private that nobody knows where it is.
You don't necessarily have to give everyone copies of everything, but at least one trusted person should know that the documents exist and where the appropriate originals or copies can be located.
π REVIEW YOUR DOCUMENTS
Estate planning isn't necessarily something you complete once and never look at again.
Review your plan periodically and particularly after major changes such as:
β’ Marriage
β’ Divorce
β’ Death of a beneficiary or agent
β’ Births or adoptions in the family
β’ Purchasing or selling real estate
β’ Starting or selling a business
β’ Major financial changes
β’ Moving to another state
β’ A significant change in your wishes
π‘ MRS GWEN'S TIP
Don't download every form and start signing everything at once.
Go through your Estate Planning resources first.
Understand what each document does.
Then decide which documents actually apply to your life, your property and your family.
The goal isn't to collect forms.
The goal is to have a plan.
β οΈ IMPORTANT DISCLAIMER
The information and resources provided in this membership are for general educational and organizational purposes only and are not legal, tax, financial or medical advice.
Links to government and legal-aid forms are provided as a convenience. Mrs Gwen does not prepare these legal documents for you and does not determine whether a particular document is appropriate for your individual circumstances.
Legal documents must be properly completed, signed, witnessed, notarized and/or recorded when required. Requirements vary by document.
If you don't understand a document, have a complicated estate or are unsure whether a DIY form will accomplish what you want, consult a qualified Texas attorney before signing or filing it.