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:

Will Form for a Person Who is Single, Widowed, or Divorced and Who Has Children
Will Form for a Married Person Who Has Children
Will Form for a Person Who is Single, Widowed, or Divorced and Does Not Have Children
Will Form for a Married Person Who Does Not Have Children

Forms

Texas Supreme Court Will 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

How do I create a simple will?
This FAQ points you to library e-books with various templates for creating your own will.
Estate Planning: How to Write a Valid Holographic Will
This page from the State Bar of Texas discusses general requirements and content for a holographic (handwritten) will.
What are the Requirements of a Valid Will in Texas?
This blog post from a private attorney's website outlines the basic requirements for creating a valid will in Texas.
Case Outlines Texas Requirements for Executing Valid Will
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.
To Will or Not to Will
This State Bar of Texas online brochure explains various ways property can be transferred at death.
Where There's No Will...
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.
Nine Different Types of Wills
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

Will - Single, Widowed, or Divorced - with Children (TexasLawHelp.org)
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.
Will - Single, Widowed, or Divorced - No Children (TexasLawHelp.org)
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.

Estate Planning: Planning Who Gets Your Property (TexasLawHelp.org)
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.
Do you have a flight plan?
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 Guided Interview: Estate Planning
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.
End of Life Documents
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.
Providing for Pets After Your Death
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.
Texas Probate Passport (Texas Young Lawyers Association)
A guide to probate and estate planning in Texas.
Case Illustrates Importance of Bank Account Details
This post from the Texas Agriculture Law Blog discusses the different ways that setting up a bank account can potentially impact settling an estate.
Texas A&M AgriLife Extension Estate Planning Video Series
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.
What to Do When a Loved One Dies
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

Transfer on Death 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.
Transfer on Death Deed Kit
This kit from TexasLawHelp.org provides you with information and forms to pass on your house or land without a will.
Transferring Property Prior to Death: Pros, Cons, and Alternatives (Texas Agriculture Law Blog)
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.
Enhanced Life Estate Deeds (aka Lady Bird Deeds)
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.

Forms for Advanced Directives
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.
Texas Department of State Health Services Emergency Medical Services
DSHS provides this Out of Hospital Do Not Resuscitate form and related information.
Directive to Physicians for Texans: Information and Answers
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.
Texas Attorney General Consumer Protection Division
The Texas Attorney General has many helpful online brochures for consumers. This title is Estate and Advance Care Planning.
American Bar Association Commission on Law and Aging
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.

Long-Term Care Provider Search
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.
Long-term Care Resources
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.
Selecting a Nursing Home
The Texas Attorney General has many helpful online brochures for consumers. This title includes numerous links to additional information on aging issues.

Medical Issues

Resources for handling the legal implications of major illness.

Alzheimer's Disease - Questions and Answers
Questions and answers about Alzheimer's Disease from the Department of State Health Services.
Dealing with Dementia
This pamphlet, prepared by the Texas Young Lawyers Association, provides an overview of options including guardianship, estate planning, disability planning, and Medicaid and Medicare.
Legal Guide for Cancer Patients
State Bar of Texas online brochure.
Protecting the Incapacitated: A Guide to Guardianship in Texas from Application to Oath
"Guardianship is a judicial proceeding in which a person or entity may be granted full or limited authority over an incapacitated person (ward) to promote and protect the well-being of the ward and/or the ward’s estate."

Funerals and Disposition of Remains

These resources can help you understand and control what happens to your "earthly remains."

Disposition of Remains (TexasLawHelp.org)
Appoint an agent to make decisions about what happens to your body after your death.
Making Final Arrangements FAQ
This article from Nolo, a legal encyclopedia, provides answers to common questions about leaving instructions for your burial or cremation and ceremony.
Bury Me (Not) on the Lone Prairie: Establishing Family Cemeteries on Texas Farms and Ranches
Article by Doug Jordan appearing in the May 2010 Texas Bar Journal.
Texas Funeral Commission
The Texas Funeral Commission website includes consumer information, a complaint form, and procedural information. Links to the applicable Health and Safety Code provisions are provided.
Whistling past the graveyard: cemeteries in Texas
Randy Adams of the TAMU Real Estate Center discusses laws protecting the status of public and private cemeteries.
Your Funeral Rights
The Funeral Consumers Alliance provides information on funeral, burials, and cremation rights.

E-Books Available from the State Law Library

These e-books contain information on estate planning and wills. These e-books can be viewed by those who have signed up for a free library account with the State Law Library. Only Texas residents are eligible to sign up. Signing up is free.

Quick & legal will book
This title provides instructions for how to draft a will quickly and easily while remaining within the bounds of the law. All necessary forms are provided in the manual to assist in the will-writing process.
Elder law in a nutshell
This book provides a brief overview of elder law. Topics covered include ethical considerations, health care decision making, Medicaid, SSI, guardianship alternatives, pension plans, and elder abuse and neglect.
The everything wills and estate planning book : professional advice to safeguard your assets and provide security for your family
Texas estate planning
Your Texas wills, trusts, & estates explained simply : important information you need to know for Texas residents
"This book will take the guesswork out of planning your estate and help you finally understand the complex processes." - publisher's description

Texas-Specific Books at the State Law Library

These print books at the State Law Library contain information on wills and directives. If you are not able to visit the State Law Library in Austin, this book might be available at a law library near you or a public library near you.

General Books at the State Law Library

Who Can I Contact?

Additional agencies, organizations and contacts that may have resources to assist you.

Programs for Seniors & Aging (TX HHS)
The Texas Dept. of Health and Human Services has a list of several resources and programs for seniors.
Department of State Health Services - Alzheimer's Disease Program
The Alzheimer's Disease Program was established by legislative mandate in 1987 to provide information and support to Alzheimer's patients, their families, and long term care providers.
Legal Hotline for Texans
The Legal Hotline (1-800-622-2520) provides assistance to low income Texans over 60. If they cannot provide direct assistance, they may be able to provide a good referral.

Texas State
Law Library

Wills and Directives

General Information

About This Guide

Is There a Standard Form For a Simple Will?

Forms

Writing a Will

Understanding the Law

Forms

Estate Planning

Transfer on Death Deeds & Lady Bird Deeds

Forms for Making Your Medical Care Wishes Known

Long-Term Care

Medical Issues

Funerals and Disposition of Remains

E-Books Available from the State Law Library

Texas-Specific Books at the State Law Library

General Books at the State Law Library

Who Can I Contact?