Why Should You Get Your Will Created by a Texas Attorney (vs. DIY or no will at all)

If you’ve been wondering whether you need to create a will or if hiring a Texas attorney to help is worth it, the decision to make a will isn’t just a legal formality.

In this detailed guide, our experienced attorneys share why creating a will is essential, what happens if you die without one under Texas law, and why partnering with a Texas attorney offers benefits over DIY options. We’ll also tackle the most common questions we hear from clients—such as “How much does it cost to get a will created in Texas?” and “What makes a will valid in Texas?”

At Shutt Law Firm PLLC, we’ve guided countless clients through the process of creating Texas wills and trusts, and we’re here to provide you with all the information you need to make an informed choice. Our goal is to empower you with knowledge and also show you why Shutt Law Firm PLLC has become the trusted choice for estate planning in Richardson, Dallas, Plano, Frisco (and all across Texas!).

What Is a Will and Why Do You Need One?

A will is a legally binding document that spells out exactly how you want your assets—think real estate, bank accounts, investments, personal belongings, and even digital assets like online accounts—handled after you pass away. Beyond asset distribution, a will lets you appoint an executor to oversee the process, name guardians for your minor children, and even outline specific wishes, such as charitable donations or funeral preferences. It’s your voice after you’re gone, ensuring your intentions are clear and respected.

So, why is it so critical to create a will, especially if you live in Texas? Here’s a deeper look at the reasons:

You Control Your Legacy: Without a will, Texas intestacy laws decide who gets your property, and those rules might not match your preferences. For instance, if you want your best friend or a favorite charity to inherit something special, intestacy laws won’t account for that—they prioritize blood relatives or a surviving spouse in a rigid order. A will gives you the power to decide who inherits your assets, down to the smallest details.

Protecting Your Family: A well-crafted will can prevent misunderstandings or disputes among your heirs. Imagine a scenario where you have a blended family with children from a previous marriage and a current spouse. Without a will, your estate might be split in ways that spark conflict—like your spouse inheriting less than expected while your kids from another marriage claim more. A will clarifies your intentions, reducing the risk of emotional and legal battles.

Guardianship for Minor Children: If you have kids under 18, a will is your chance to name a guardian who will care for them if you’re no longer around. Without this, a Texas court steps in, and the judge’s choice might not align with your values or preferences. For example, you might want your sister to raise your children because she shares your parenting style, but a court could appoint your estranged in-laws instead. A will prevents that uncertainty.

Streamlined Probate Process: Probate is the court-supervised process of validating and executing your will after your death. In Texas, probate can be straightforward with a clear will, saving your family time and money. Without a will, the process often becomes more complicated, expensive, and drawn-out as the court appoints an administrator and sorts out heirs under state law.

Creating a will isn’t just about the wealthy or the elderly. A last will and Testament is for anyone who wants peace of mind knowing their loved ones won’t face unnecessary hardship. Whether you own a modest home in Richardson or a growing business in McKinney, a will ensures your wishes take precedence over Texas’s default rules.

What Happens If You Die Without a Will in Texas?

Dying without a will—known as dying “intestate”—means Texas law takes over, and the state’s intestacy statutes dictate how your estate is divided. These laws are a one-size-fits-all approach, designed to distribute property based on family relationships, not your personal desires. For residents of Dallas, Plano, and anywhere in Texas, this can lead to surprising and sometimes distressing outcomes. Let’s break it down with detailed examples to show you what’s at stake.

How Texas Intestacy Laws Work

Texas intestacy rules depend on your marital status, whether you have children, and what type of property you own (community property from the marriage or separate property from before or outside it). Here’s how it plays out:

Married with Children: If you’re married and have kids, your spouse doesn’t automatically inherit everything. Community property (assets acquired during the marriage) typically goes to your spouse, but separate property—like a house you owned before marriage—gets split. Your spouse might get a life estate in one-third of your separate real estate, meaning they can live there but don’t fully own it, while your children inherit the rest. This can create tension, especially if your spouse needs to sell the home but can’t because the kids co-own it.
Married with No Children: If you don’t have kids, your spouse inherits all community property and a larger share of your separate property. However, if you have surviving parents or siblings, they could claim part of your separate property. For example, if you inherited a vacation home before marriage, your spouse might get half, while your parents or siblings split the other half—potentially against your wishes.
Single with Children: If you’re unmarried with kids, your children inherit everything, divided equally. But if one child is estranged or financially irresponsible, you can’t adjust that distribution without a will.
Single with No Children: If you’re single with no kids, your estate passes to your parents if they’re alive. If not, it goes to siblings, then more distant relatives like cousins. If no relatives can be found, the state of Texas claims your estate—a rare but real possibility.

Real-Life Consequences

Consider this: You’re a single parent in Allen with two young kids and an estranged brother. You die without a will, leaving a house and some savings. Your kids inherit everything, but because they’re minors, a court appoints a guardian or conservator—possibly your brother, whom you haven’t spoken to in years—to manage their inheritance until they’re 18. Without a will naming a trusted friend or relative as guardian, your kids’ future is out of your hands.

Or imagine you’re married in Murphy with stepchildren you’ve raised but never adopted. You’d love for them to inherit part of your estate, but without a will, Texas law excludes stepchildren, sending your assets solely to your spouse or biological relatives instead.

Additional Complications

No Guardianship Control: Without a will, a court decides who raises your minor children. This process can take months, involve family disputes, and lead to a guardian you wouldn’t have picked—like a distant relative instead of your best friend who knows your kids well.
Extended Probate: Intestate estates often face a longer, costlier probate process. The court must identify heirs, appoint an administrator (who may charge fees), and resolve any disputes. In Plano, for instance, probate delays could tie up your estate for a year or more, draining resources and stressing your family.
Unintended Heirs: If you’re separated but not divorced, your estranged spouse could inherit a significant portion of your estate under Texas law, even if you’ve been apart for decades. A will lets you redirect those assets to your children, partner, or charity instead.

The bottom line? Dying without a will in Texas leaves your estate—and your family’s future—up to a rigid legal formula. Creating a will ensures you, not the state, call the shots.

Benefits of Having a Texas Attorney Create Your Will

You might wonder if you can just write your own will or use an online template to save time and money. While it’s technically possible, the risks far outweigh the savings, especially in Texas, where strict legal standards apply. Hiring a Texas attorney to create your will offers advantages that DIY options can’t match. Here’s why, with plenty of detail to help you decide:

Ensuring Compliance with Texas Law: For a will to hold up in Texas, it must be in writing, signed by you (the testator), and witnessed by at least two credible individuals over 14 who aren’t beneficiaries. These witnesses must see you sign and sign themselves in your presence—a step often botched in DIY wills. An attorney knows these rules inside out and oversees the signing process to eliminate errors. For example, if a witness is also a beneficiary (like your child), their inheritance could be voided—a mistake an attorney prevents.
Avoiding Costly Errors: DIY wills frequently fail due to oversights. Vague wording—like “give my stuff to my kids”—can spark disputes over what “stuff” means. Missing a residuary clause (covering unlisted assets) might leave part of your estate intestate. Improper witnessing—like signing at different times—can invalidate the whole document. A Texas attorney crafts a precise, airtight will that anticipates these pitfalls. At Shutt Law Firm PLLC, we’ve seen contested probate cases caused by DIY mistakes, and we’re committed to sparing your family that headache.
Customization for Your Life: No two estates are alike. If you’re a Dallas business owner, you might need provisions to transfer your company smoothly. If you’re in McKinney with a blended family, you might want to balance inheritance between your spouse and stepkids. An attorney tailors your will to your circumstances, incorporating Texas-specific strategies like trusts or tax planning. Online forms can’t adapt like this—they’re generic, leaving gaps a local lawyer fills.
Navigating Texas Probate and Estate Laws: Texas has unique rules, like community property laws that split marital assets differently from other states. An attorney ensures your will aligns with these laws, minimizing taxes and probate delays. They can also advise on complementary tools—like a living trust to avoid probate entirely—offering a holistic plan DIY options can’t replicate.
Peace of Mind: Knowing your will is legally sound and reflects your wishes is priceless. An attorney doesn’t just create your will; they explain your options, answer questions, and guide you through tough decisions—like choosing an executor or disinheriting a relative. This expertise turns a daunting task into a manageable, reassuring process.

At Shutt Law Firm PLLC, we bring decades of experience to every will we create, serving clients across Richardson, Plano, and beyond. We’ve seen the fallout from poorly made wills—probate disputes, family rifts, and invalidated documents—and we’re here to help you avoid those traps with a will that stands up in court.

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Common Questions About Wills in Texas—Answered in Detail

Residents of Dallas, Plano, Richardson, Allen, McKinney, Murphy (and across Texas) often ask Shutt Law Firm’s Texas estate planning lawyers practical questions about creating a valid Texas Will. Below, we’ve expanded on the most-searched questions to give you a complete picture.

How Much Does It Cost to Get a Will Created in Texas?

The cost to make a will in Texas depends on several factors: the complexity of your assets, your attorney’s rates, and any additional planning needs. For a basic will—say, for a single person with a home and a few accounts—expect to $500-$1,000. If your estate involves multiple properties, a business, or intricate family dynamics (like providing for stepchildren or disinheriting someone), costs might range from $1,000 to $3,000 or more, which is when you add a revocable living trust or tax planning.

Attorney fees vary, too. In urban areas like Dallas, rates might be higher due to demand, while in Murphy, they could be more affordable. At Shutt Law Firm PLLC, we keep pricing transparent and competitive, offering flat fees for simple wills and detailed consultations for complex cases. Clients love our flat-rate fees and efficient, streamlined process for creating a Texas Will.

Consider this: spending $600 on a professionally created will now could save your family thousands in probate costs or legal battles later. We offer free initial consultations for our estate planning clients to assess your needs and provide the flat-rate fee for your Will.

Can I Write My Own Will, or Do I Need an Attorney?

Yes, Texas law allows you to write your own will, called a “holographic will” if it’s entirely in your handwriting, signed by you, and expresses your intent. Typed DIY wills are also valid if signed and witnessed properly. So why involve an attorney? Because the stakes are high, and mistakes are common. Here’s what can go wrong without professional help:

Ambiguity: Writing “I leave my house to my daughter” sounds clear, but what if you own two houses? Which one? Disputes arise over unclear terms.
Witness Issues: Texas requires two non-beneficiary witnesses to see you sign and sign themselves in your presence. If your spouse witnesses and inherits, their share could be voided. If witnesses sign later, the will’s invalid.
Missing Details: Forgetting to name an executor—or an alternate if they can’t serve—leaves the court to appoint one. Omitting a residuary clause means unlisted assets fall to intestacy rules.
Legal Challenges: A grieving relative might contest a DIY will, claiming you weren’t of sound mind or were coerced. A “self-proving” affidavit (notarized with witnesses) strengthens your will, but DIYers often skip this.

An attorney ensures every “i” is dotted and “t” crossed. For Dallas and Richardson residents, we’ve seen DIY wills fail in probate court, costing families time and money to fix. Save yourself the risk—let us create a will that’s bulletproof.

What Are the Requirements for a Will to Be Valid in Texas?

Texas law sets strict standards for a will to be legally binding and enforceable. Here’s the full rundown for valid, typed Texas Wills:

In Writing: The will must be written—typed is best for clarity, though holographic (handwritten) wills are allowed if entirely in your handwriting.
Signed by the Testator: You must sign it yourself, or if you’re physically unable (e.g., due to illness), direct someone to sign in your presence while you’re mentally competent.
Two Credible Witnesses: At least two people over 14, who won’t inherit anything, must watch you sign and then sign themselves in your presence. This “signing ceremony” is critical—separate signings don’t count.
Mental Capacity: You must be of “sound mind”—able to understand what you own, who your heirs are, and how you’re distributing your estate. This protects against challenges claiming you were coerced or confused.
Optional Self-Proving Affidavit: Not required, but highly recommended, this notarized statement from you and your witnesses simplifies probate by proving the will’s authenticity without tracking down witnesses years later.

An estate planning attorney orchestrates this process for you. For example, at Shutt Law Firm PLLC, we ensure witnesses are impartial (not your kids or spouse) and the signing meets Texas standards, giving your will maximum enforceability. We supply the witnesses and notary so you have nothing to worry about!

How Do I Choose an Executor for My Will?

Your executor is the person who carries out your will’s instructions—paying debts, distributing assets, and navigating probate. It’s a big job, so pick wisely. Here’s a deep dive into the decision:

Trustworthiness: They’ll handle your money and personal affairs, so choose someone honest and reliable. A spouse or sibling might be ideal, but if there’s any doubt (e.g., a history of financial mismanagement), look elsewhere.
Organizational Skills: Executors file court documents, meet deadlines, and communicate with heirs. Someone detail-oriented—like a friend who’s a project manager—excels here over a disorganized relative.
Willingness: Ask them first! The role can take months or years, especially for complex estates. A reluctant executor might delay probate or drop out, forcing the court to step in.
Location: For example, an executor in Dallas or Richardson can easily deal with the local Dallas County Probate Courts and attorneys. If your top choice lives in California, travel and time zone issues could slow things down.
Alternatives: Name a backup executor in case your first choice can’t serve due to death, illness, or refusal.

Options include family (spouse, adult child), friends, or professionals (an attorney or trust company). For a McKinney client with a $2 million estate, we recommended a professional executor to handle investments and taxes—family wasn’t equipped. We’ll help you weigh your choices based on your estate’s size and complexity.

What’s the Difference Between a Will and a Trust?

This question trips up many Texans, so let’s clarify with detail:

Will:
- Takes effect only after death.
- Goes through probate, a public process where a court validates it and oversees distribution.
- Best for straightforward estates—e.g., a Plano-area couple leaving their home to their kids.
- Cheaper upfront ($200-$500) but may incur probate costs later (1-5% of estate value).

Trust:
- Can start during your life (living trust) and continue after death.
- Avoids probate, keeping your estate private and speeding up distribution.
- Ideal for complex needs—like a Dallas business owner wanting gradual payouts to heirs or a parent ensuring a disabled child’s care.
- Higher initial cost ($2,500-$3,500) but saves on probate fees and delays.

Do I Need a Will If I Don’t Have Many Assets?

Absolutely, even with a small estate! A will isn’t just for millionaires. Let’s say you have a McKinney condo, a car, or $10,000 in savings, a will ensures those go where you want—maybe to a sibling or charity—rather than following intestacy rules. It also names an executor to wrap up your affairs (paying bills, closing accounts), sparing your family that burden. For parents, it’s non-negotiable: without a will, a court picks your kids’ guardian. A client in Allen with just $50,000 still made a will to name her sister as executor and guardian, avoiding chaos for her son.

Can I Update My Will Later?

Yes, and you should! Life changes—marriage, divorce, kids, new property—demand updates. You can:

Add a Codicil: A signed, witnessed amendment for minor tweaks, like adding a grandchild.
Create a New Will: Better for big changes (e.g., remarriage), revoking the old one.

Review your will every 3-5 years or after events like a Dallas home purchase. We recently helped a Plano client update her will post-divorce to redirect assets from her ex to her kids—without it, he’d have inherited under the old will.

What If I Own Property Outside Texas?

Out-of-state property complicates things, but a Texas attorney can handle it. Your Texas will can cover all assets, but the other state’s probate laws might apply to that property (called “ancillary probate”). For a Richardson client with a Florida condo, we coordinated with a Florida attorney to streamline it. Alternatives include a trust (avoiding probate everywhere) or a separate will for that state. We’ll ensure your plan is seamless, no matter where your assets lie.

Why Choose Shutt Law Firm PLLC to Create Your Will?

For Dallas, Plano, Richardson, Allen, McKinney, Murphy and residents all across the Great State of Texas, Shutt Law Firm PLLC stands out as the premier choice for estate planning.

Deep Texas Expertise: Our attorneys focus on Texas probate and estate law, crafting wills and trusts that meet every legal requirement and reflect your unique goals. We handle everything from simple wills to complex trusts, for thousands of Texans.
Local Roots: We know North Texas—its courts, communities, and clients. Whether you’re in Plano or Murphy, we tailor our approach to your area’s needs.
Affordable, Transparent Pricing: No hidden fees—just honest value. Ask about our free consultations.
Personalized Care: We listen to your wishes, worries, and dreams to create a last will and testament that’s truly yours. Clients say our compassionate, clear guidance makes a daunting process feel manageable.

Don’t gamble with online forms or DIY attempts. We’ve seen the fallout—wills thrown out, families fractured—and we’re here to protect you with a will that lasts.

Why should you get a will drafted by a Texas Wills Attorney?