Relocating to Texas? Estate Planning Rules That May Be Different Here

If you've recently moved to Texas from another state, your existing estate plan may need more updates than you realize. Estate planning is largely governed by state law, and Texas has several distinctive rules that can significantly affect how your plan works.

Community property. Texas is one of nine community property states. If you moved from a common law property state, the rules around how marital assets are owned, managed, and transferred at death are fundamentally different. Assets you owned individually before moving may now be subject to different treatment depending on how they were managed during the marriage.

Homestead protections. Texas has some of the most generous homestead protections in the country. Your primary residence enjoys strong protection from creditors, and there are specific rules about how it can be transferred that may affect your estate plan.

Will execution requirements. Texas has specific requirements for a valid will — including how it must be signed and witnessed. A will validly executed in another state is generally recognized in Texas, but it's worth having it reviewed to ensure there are no issues.

Lady Bird Deeds. Texas allows enhanced life estate deeds that aren't available in most states. If you own Texas real estate, this tool may now be available to you.

Power of attorney forms. Texas has specific statutory forms for durable powers of attorney. While your out-of-state POA may be honored, having a Texas-specific document reduces the risk of it being rejected by local institutions.

Trust recognition. Texas generally recognizes trusts created in other states, but it's still worth having your trust reviewed to ensure it aligns with Texas law and takes advantage of available benefits.

📌 A Texas welcome deserves a Texas estate plan. If you've recently relocated, reach out for a comprehensive review of your existing documents.