Which Estate Planning Documents Do I Actually Need in Texas?
Last updated: August 11, 2026
Nine documents is a lot to look at. Here's a plain-language way to think about which ones actually apply to your situation.
Start here: the "if something happens to me" basics
These three cover the most common gap — someone becoming unable to make decisions while still alive:
- Medical Power of Attorney — names who makes health care decisions if you can't.
- HIPAA Authorization — lets that person (and others you choose) actually get information from your doctors.
- Statutory Durable Power of Attorney — names who handles your finances and legal affairs if you can't.
Most adults benefit from having all three, regardless of age or health.
If you have strong feelings about end-of-life care
Directive to Physicians states, in advance, whether you want life-sustaining treatment withheld or provided if you're ever diagnosed with a terminal or irreversible condition. This is different from the Medical Power of Attorney — the directive states your own wishes directly, rather than naming someone to decide for you.
If you own real property (a house, land)
A Transfer on Death Deed lets that property pass directly to a named beneficiary when you die, without going through probate — while you keep full control and can change your mind at any time while you're alive.
If you have minor children, or want to plan for your own guardianship
- Designation of Guardian (Minor) — names who you want to raise your children if something happens to you.
- Designation of Guardian (Adult) — names who you want a court to appoint as your own guardian, if you ever need one.
If you want a straightforward will
A Simple Will covers the basics — naming an executor and beneficiaries. It's built for straightforward situations. If yours involves a blended family, tax planning, or a trust for a minor beneficiary, talk to an attorney instead.
If you have a family member with a disability
A Special Needs Trust (Third-Party Settled) lets you leave money or property to someone with a disability without disqualifying them from means-tested benefits like Medicaid or SSI — but only if it's funded correctly and coordinated with their benefits. This is one of the documents worth extra care with.
When to skip the templates and talk to an attorney instead
Complex wills, trusts, and asset protection planning — blended families, business ownership, tax planning, contested estates, or anything you're genuinely unsure about — are better served by a direct conversation than a standard template.
This is general information, not legal advice, and doesn't replace a review of your specific situation.