Waco Will Planning Attorneys

Do I Need a Will in Texas?

There is a common misconception that if you aren't wealthy, you don't need a will. This is not true. In reality, everyone can benefit in some way from having a will. A basic will includes instructions regarding the transfer of assets after your death. However, writing a will allows you to do more than just name beneficiaries. 

Certain types of wills allow for the establishment of trusts upon your death and serve as a safety net for any property you might forget to mention. A Waco estate planning lawyer at our firm can help make sure your will is legally sound and addresses all of your needs and wishes.

A will can be created at any time, and the sooner the better. Wills are living documents that can and should be updated regularly, especially after major life events like marriage, divorce, or the birth of children.

Ready to get started? Looking for more information? Call (254) 237-5602 or reach out online to arrange a consultation with one of our lawyers.

Fundamental Requirements for a Valid Will in Texas

In Texas, the requirements for a valid will are governed by Texas Estates Code § 251.051. While the law allows for a few different types of wills, the "Attested Will" (typed and witnessed) is the gold standard for legal certainty. 

To be recognized by a Waco probate court, an attested will must meet several core criteria:

• Legal Capacity: The "testator" (the person making the will) must be at least 18 years old, currently or formerly married, or a member of the U.S. Armed Forces.
• Testamentary Capacity: You must be of "sound mind," meaning you understand the business in which you are engaged, the nature and extent of your property, and who your natural heirs are.
• Testamentary Intent: The document must clearly state that it is intended to dispose of your property only upon your death.
• The Writing Requirement: While some states allow oral wills in extreme emergencies, Texas no longer recognizes them. Your will must be in writing.
• Proper Execution: You must sign the will in the presence of at least two credible witnesses who are at least 14 years old. Under 2025 standards, these witnesses must also sign the will in your presence.

While Texas does recognize "Holographic Wills" (Estates Code § 251.052)—wills written entirely in the testator's handwriting and signed by them—these are significantly easier to challenge in court. As your Waco wills lawyer, we generally advise against holographic wills due to the high risk of ambiguity and the increased cost of proving the handwriting in court.

Who Benefits from a Will?

A will is not a purely selfish document — far from it. Many people in your life can benefit from your will:

• Your spouse: Creating a will ensures your spouse will be the beneficiary of your assets if you choose. It also ensures he or she understands your final wishes.
• Your children: By designating how you would like your assets to be distributed, your children don't have to worry about handling those matters themselves. A will also allows you to bequeath important assets to your children or ensure they are safe if you pass away while they are still minors.
• Your parents: If you pass away before your parents, they may be left to handle your affairs for you. Having a clear and detailed will can ensure they understand your wishes.
• A meaningful charity: If charitable giving is important to you, you can use your will to bequeath assets to your favorite cause.
• Other loved ones: By making important decisions now, you save your loved ones from having to make them for you later on. When loved ones are left to make certain decisions while grieving from your loss, it can lead to heartache and even quarrels between family members.

Of course, you also benefit from having a will as part of your estate plan. A well-crafted will provides peace of mind and the knowledge that your assets will be transferred according to your wishes. Your loved ones will be free from having to make difficult decisions on your behalf.

At Milam & Fanning, PLLC, it is our goal to help you write a will that is in line with your personal goals and wishes. Writing a will does not have to be complicated or expensive; it just has to address what is most important to you. Our Waco estate planning attorneys can help ensure that happens.

How Wills Work With Texas Probate

In Texas, a will has no legal authority until it is "admitted to probate" by a judge. Probate is the court-supervised process of validating the will, settling the decedent's debts, and legally transferring title of assets to the named beneficiaries. At Milam & Fanning, PLLC, we guide executors through this process with a focus on efficiency.

The probate process for an estate with a valid will typically follows these steps:

• Filing the Application: The named executor files the original will and an application for probate in the county where the decedent resided. If the original cannot be found, a copy with a valid self-proving affidavit can now be more easily admitted.
• The Hearing: A judge reviews the evidence to confirm the testator has passed, the will is valid, and the executor is "suitable" to serve. In 2025, Texas law was updated to allow certain individuals with prior felony convictions to serve as executors if they are specifically named in the will and approved by the court.
• Letters Testamentary: Once the judge signs the order, the court clerk issues "Letters Testamentary." This is the official document that gives the executor the legal power to manage bank accounts, sell real estate, and talk to creditors.
• Notice to Creditors: The executor is required to publish a notice in a local Waco newspaper to inform potential creditors of the probate. Most formal notices to beneficiaries and creditors can now be sent via "qualified delivery methods" (like FedEx or UPS) instead of relying solely on traditional certified mail.
• Inventory and Appraisement: Within 90 days, the executor must file a list of all estate assets and their values. A major simplification now allows executors of unmarried decedents to skip the complex "tracing" required to label assets as separate or community property, significantly speeding up this phase.
• Distribution and Closing: After all valid debts and taxes are paid, the executor distributes the remaining property according to the instructions in the will and asks the court to formally close the estate.

What You Can Expect From Our Wills Attorneys in Waco

When we meet with you, we take time to learn about your family, your assets, and any concerns you have about conflict or practical challenges after you are gone. We then walk you through the options available under Texas law so you can decide how detailed or simple your will should be. For example, you may want to include specific gifts, name alternate beneficiaries, or coordinate your will with a trust if you own a business or multiple properties in the Waco area.

We also help you think through who should serve in key roles, such as the executor who will handle your estate and any guardians for minor children. These decisions can be difficult, especially if you are worried about burdening family members or managing complicated relationships. By talking through real-world scenarios we see in McLennan County probate cases, we can help you make choices that are both practical and in line with your values so your will lawyer Waco families rely on becomes a true planning partner.

After your will is signed, we encourage you to revisit it when life changes. Marriage, divorce, the birth or adoption of a child, a significant change in assets, or a move can all be reasons to update your plan. We can review your existing documents, explain how any changes in Texas law might affect you, and suggest updates so that your will continues to reflect your wishes and remains easy for your loved ones to carry out.

Contact Our Divorce Attorneys in Waco Today

At Milam & Fanning, PLLC, it is our goal to help you write a will that is in line with your personal goals and wishes. Writing a will does not have to be complicated or expensive; it just has to address what is most important to you. Our Waco estate planning attorneys can help ensure that happens.

Even if you first came to us for help with a family law matter, we often recommend that clients put a will in place once major court proceedings are behind them. Divorce, custody orders, and property divisions can dramatically change who should inherit from you and who should make decisions if you cannot speak for yourself. 

By updating or creating a will after these changes, you can make sure that your estate plan matches the new reality of your life in Waco and that prior arrangements do not accidentally benefit someone you no longer intend to include.

To arrange a time to discuss creating or updating a will with one of our Waco estate planning lawyers, please call us at (254) 237-5602 or reach out online.