Wills, trusts, estate planning, probate and more
Our Dallas-Fort Worth attorneys are ready to help you

Secure Your Family’s Future With A Dallas Will Attorney

What happens to your life’s work shouldn’t be left to chance. When you create a valid last will and testament, you protect your voice and keep your family’s future in your hands. Without one, Texas default laws take over. This allows rigid state rules to decide who inherits your property, who manages your affairs and who raises your minor children. A custom will keeps the government out of your personal business, making sure your precise instructions guide every decision.

At Hales & Sellers, PLLC, our goal is to make drafting a legally sound will accessible and affordable for you. We focus on your comfort and thorough preparation, guided by a simple philosophy: An ounce of prevention is worth a pound of cure.

Partner attorney Jack R. Hales Jr. holds a board certification in estate planning and probate law from the Texas Board of Legal Specialization. Whether you need to craft your first will, review an older document or integrate a will into a broader estate strategy, our Dallas legal team provides the localized guidance you deserve.

What A Custom Texas Will Can Truly Accomplish For You

A well-crafted Texas will does far more than distribute personal property. Working with a Dallas will lawyer allows you to take command of your estate and provide clear instructions for your loved ones:

  • Name an independent executor: Appoint a trusted individual to manage your estate without unnecessary court supervision.
  • Designate guardians for minor children: Specify who you trust to raise your young children if the unexpected happens, keeping this vital choice out of a judge’s hands.
  • Direct asset allocation: Outline exactly who receives specific bank accounts, real estate, personal possessions or sentimental family heirlooms.
  • Protect family relationships: Clear up potential ambiguities that frequently lead to sibling disputes, misunderstandings and costly court battles.
  • Include stepchildren or nonrelatives: Include nonbiological children, unmarried partners or favorite charities, as state default laws automatically exclude them.

Taking time to define these instructions today saves your family from unnecessary stress tomorrow.

Key Decisions You Must Make When Creating Your Will

Drafting an effective will in Texas involves a few thoughtful decisions. When you work with our Dallas law firm, we walk beside you through every step:

  1. Selecting your executor: Choose a reliable individual (and an alternate) to oversee probate, settle debts and distribute assets according to your wishes.
  2. Naming guardians for your minors: Select primary and backup guardians who share your personal values and are fully capable of raising your children.
  3. Structuring asset distribution: Decide whether assets should go directly to adult beneficiaries or be held in secondary management for younger heirs.
  4. Dividing real estate and belongings: Outline how community property, separate property and personal heirlooms will be shared or liquidated.

Addressing these choices with legal counsel helps make sure no detail is overlooked or left open to interpretation.

What Does Texas Law Require For A Will To Be Valid?

To be admitted to a Texas probate court, a formally typed will must satisfy strict statutory elements:

  • Capacity and intent: You must be at least 18 years old (or married/in the military), be of sound mind, and hold explicit intent to leave a will.
  • Written execution: You must write and sign the document yourself, or have someone sign it on your behalf in your physical presence.
  • Qualified witnesses: At least two credible witnesses who are at least 14 years old and receive no inheritance under the document must sign your will in your physical presence.
  • Self-proving affidavit: An officially notarized affidavit attached to the document allowing the court to accept the will without having to trace witnesses years later.

Meeting these exact legal formalities helps safeguard your document against potential court challenges.

Can You Write Your Own Will In Texas Without An Attorney?

While Texas law technically permits handwritten (holographic) wills, relying on a DIY option or online template carries substantial financial and legal risks for your family.

Saving money on upfront legal fees often costs loved ones considerably more during probate. Handwritten wills frequently suffer from ambiguous phrasing, fail to properly authorize an independent administration or omit self-proving affidavits. These errors leave the document vulnerable to claims of undue influence, provoke family disputes and often force the estate into expensive court supervision.

Working with an experienced Dallas estate lawyer ensures your will is legally binding, clearly worded and structured to minimize probate obstacles.

What Happens When You Die Without A Will In Texas?

Dying without a valid last will and testament means dying “intestate,” placing your estate under the rigid statutory control of the Texas Estates Code. Under Texas intestacy laws, your assets are divided strictly based on your family structure and whether your property is classified as community or separate:

  • Married with shared children only: The surviving spouse inherits half of community property. They also get a third of your separate personal property, while the rest goes to your children.
  • Married with children from another relationship: The surviving spouse keeps only their own share of community property, while your share passes directly to your children. This creates forced co-ownership between your spouse and adult children from the previous relationship.
  • Single with children: The entire estate passes in equal portions directly to your children.
  • Single with no children: The estate passes to surviving parents, siblings or extended relatives according to statutory order.

Beyond forced asset division, dying intestate subjects your estate to a dependent administration. This costly, court-supervised process requires a judge’s approval for basic administrative tasks, draining time and financial resources from your loved ones. Executing a custom last will overrides these state formulas and saves your family from unnecessary court intervention.

Knowing When A Will Is Enough And When You Need A Trust

While a will forms the core of any sound legal strategy, it operates differently from other planning tools. A will takes effect only after death and must pass through the Texas probate court to transfer the legal title of your assets.

A trust, on the other hand, takes effect immediately upon creation. It manages assets during your lifetime – including periods of unexpected illness – and transfers property privately without entering probate court.

A complete estate plan also addresses life’s unexpected moments before death. While a will directs your estate after you pass, documents like a power of attorney authorize someone you trust to handle financial decisions or healthcare choices if you become temporarily incapacitated.

Most robust plans combine these tools: a custom trust and powers of attorney for matters during your lifetime, and a pour-over will as a safety net after death. Our Dallas estate planning attorneys can help you explore how these options fit together.

When To Review And Update Your Will

A will should never be treated as a static, one-time document. You should review your will with a Dallas wills attorney, preferably every three to five years, or immediately after major life events, such as:

  • Getting married, divorced or remarried
  • Welcoming a new child or grandchild into your family
  • Experiencing the passing or illness of a named executor or guardian
  • Acquiring significant real estate, businesses or foreign assets
  • Relocating to Texas from another state with different marital property laws

Keeping your document updated helps ensure it continuously reflects your current financial situation and personal wishes.

Why Dallas Families Turn To Hales & Sellers, PLLC

Partnering with an experienced legal team gives you confidence that your estate will be handled as smoothly as possible. Local clients trust Hales & Sellers, PLLC, because we provide:

  • Board-certified focus: Partner Jack R. Hales Jr. is board-certified in Texas estate planning and probate law, a distinction held by fewer than 1% of licensed Texas lawyers. He brings deep legal clarity to simple and complex estates alike.
  • Clear flat-fee pricing: We offer predictable flat fees and flexible payment schedules so you know what to expect.
  • Attentive client focus: We avoid generic templates. Our lawyers take the time to listen, explain legal choices in clear language and tailor every document to your circumstances.

Our commitment to personalized care helps bring practical peace of mind to you and your family.

Protect Your Estate Today – Speak With A Dallas Will Attorney

You do not have to let Texas default laws control your hard-earned assets or family decisions. Schedule a consultation with our Dallas wills attorneys today to create a custom plan tailored to your life.

Call Hales & Sellers, PLLC, at 469-304-2819 or contact us online to book your appointment.