State of Texas Estate Planning Checklist and Will Information

Estate Planning Checklist

 

One of the first steps in preparing a will and disability planning documents is to gather documentation and information. This is true whether you intend to draft the will and disability planning documents yourself, or if you plan to hire an attorney. You should be aware that making a mistake in drafting or executing a will might result in your estate not being distributed as you intend. Accordingly, it is recommended that you consult an attorney. The attorney may provide you with a list of items to bring to your meeting.

 

Items to Locate		Located	Location/Information	Given to Attorney
1.	Any Prior Wills, Trusts and Codicils	?		?
2.	Spouse’s Will and Codicils	?		?
3.	Full name, birthdate, social security number	?		?
4.	Information regarding children – names, ages, contact information, born or adopted, etc.	?		?
5.	Documentation regarding citizenship (if applicable)	?		?
6.	Marriage license	?		?
7.	Prenuptial agreement	?		?
8.	Marital or partition agreements	?		?
9.	Divorce decrees	?		?
10.	Information regarding funeral arrangements	?		?
11.	Contact information for your chosen executor (the person who will carry out the terms of your will)	?		?
12.	Names and contact information for your chosen beneficiaries (this can be an individual, organization, or charity)
13.	Specific Bequests/Gifts that you want made in your Will (for example, my wedding ring to my daughter)
14.	Contact information for your chosen Trustee (the person who will carry out the terms of your Trust)
15.	Contact information for your chosen Guardian (the person who will care for any minor children)
16.	Information regarding safety deposit box	?		?

What is the difference between a Living Will and a regular Will?

A “Living Will,” also referred to as a “Directive to Physician”, becomes effective (if medically necessary) while an individual is still alive. The document instructs medical personnel to either withhold or continue life-sustaining procedures in the event the individual reaches a terminal or irreversible medical condition.

A “regular,” or traditional, Will does not become effective until after the individual’s death. The Will is the legal declaration of an individual’s intention for the disposition of their estate following their death.

If I want my child who is not a resident of Texas to be my Executor, will that be a problem?

The Estates Code specifically excludes a non-resident of the State of Texas from qualifying to serve as estate Executor. However, if the non-resident appoints a resident agent to accept service of process in all actions or proceedings with respect to the estate, and such appointment is on file with the Court, then a non-resident can serve as an Executor.

What are Letters Testamentary?

Letters Testamentary are official documents issued by the Court authorizing the Executor to act for the estate. They are the proof to others that the Executor has been qualified by the Court.

If I do not have a Will, does the State of Texas get all of my assets?

When a person dies without a Will, Probate Courts in Texas distribute estate assets according to Texas’ laws of intes- tacy. Your property will be distributed to your heirs according to a formula that the Court applies based on specific rules of distribution to your surviving family members. If no heirs are available to inherit your assets, then your property may escheat (be transferred) to the State of Texas. The state must file a petition for escheat and successfully show that there are no heirs to the estate before it can properly claim the property for the state.