Areas of Law · Rutherford PLLC
Wills & Estate Planning in San Antonio
A good estate plan is a letter to the people you love, written while you still can. It says who decides, who receives, and who is protected, so the people you love are never left guessing.
What Estate Planning Covers
Estate planning is more than a will. It is the full set of instructions that take effect if you cannot speak for yourself or after you are gone: a will, trusts where they help, powers of attorney for finances and health care, a medical directive, and clear beneficiary designations. Each document has its own rulebook under Texas law. A durable power of attorney for finances must be in writing, signed by you as an adult, and acknowledged before a notary or another officer authorized to take acknowledgments,1 and the health-care documents, including the directive to physicians and the medical power of attorney, are governed by the Texas Advance Directives Act.2 Done well, the plan keeps your family out of court and in agreement.
What Texas Law Requires of a Will
The formalities are short, and they are strict. A person of sound mind may make a will in Texas at age 18, and earlier if the person is or has been married or is serving in the armed forces.3 A typed will must be in writing, signed by the testator, and attested by two or more credible witnesses, each at least 14 years old, who sign their names in the testator’s presence.4 Most attorney-prepared wills are also made self-proved: the testator and the witnesses sign a short affidavit before a notary or another officer authorized to administer oaths,5 and a self-proved will may later be admitted to probate without calling those witnesses to testify.6 A will or a separate written declaration is also where a parent may name a guardian for minor children, so the choice is the parent’s rather than left open.7 None of this is difficult, but each step has to happen, and in the right order.
What to Expect
You start with a conversation, not a stack of forms. We map your family, your assets, and your wishes, then draft documents in plain language and walk you through each one before you sign. Plans are reviewed as life changes: a marriage, a child, a new business, a move to Texas.
- Parents who want guardians named for minor children
- Couples and blended families
- Business owners planning for succession
- Anyone who has moved to Texas and needs documents that work under Texas law
- People who want to spare their family probate where possible
Common Questions
Do I need a trust or just a will?
It depends on your goals. Many Texas families are well served by a will plus the right beneficiary designations; others benefit from a trust to avoid probate, plan for a minor or a loved one with special needs, or keep matters private. We recommend only what your situation actually calls for.
What happens if I die without a will in Texas?
Texas intestacy law decides who inherits, which may not match your wishes, and the process is often slower and more expensive for your family. A will lets you choose.
How often should I update my estate plan?
Review it after any major life event and at least every few years. Small updates are inexpensive and prevent large problems later.
Sources & Authorities
Statutes on this page link to their official sources. Provided for transparency and general information, not as legal advice.
- Tex. Estates Code § 751.0021, Requirements of Durable Power of Attorney (a writing or other record, signed by an adult principal, and acknowledged before a notary public or other person authorized to take acknowledgments). statutes.capitol.texas.gov ↩
- Tex. Health & Safety Code ch. 166, Advance Directives (the Texas Advance Directives Act, governing directives to physicians and medical powers of attorney). statutes.capitol.texas.gov ↩
- Tex. Estates Code § 251.001, Who May Execute Will (a person of sound mind, aged 18 or older, or who is or has been married, or who is a member of the armed forces). statutes.capitol.texas.gov ↩
- Tex. Estates Code § 251.051, Written, Signed, and Attested (a will must be in writing, signed by the testator, and attested by two or more credible witnesses at least 14 years of age who sign in the testator’s presence). statutes.capitol.texas.gov ↩
- Tex. Estates Code § 251.104, Requirements for Self-Proving Affidavit (signed by the testator and witnesses before an officer authorized to administer oaths). statutes.capitol.texas.gov ↩
- Tex. Estates Code § 251.102, Probate and Treatment of Self-Proved Will (a self-proved will may be admitted to probate without the testimony of subscribing witnesses). statutes.capitol.texas.gov ↩
- Tex. Estates Code § 1104.053, Designating Guardian of Minor Children (a parent may designate a guardian by will or written declaration). statutes.capitol.texas.gov ↩
- State Bar of Texas, Texas Disciplinary Rules of Professional Conduct, Rule 7.01 (communications concerning a lawyer’s services). texasbar.com ↩
King William Law Center is a shared office for independent firms. This page is attorney advertising and general information, not legal advice, and it does not create an attorney-client relationship. Rutherford PLLC, not King William Law Center, provides the legal services described here. The practice of law in Texas is governed by the State Bar of Texas and the Texas Disciplinary Rules of Professional Conduct.8 Prior results do not guarantee a similar outcome.