The will is the most basic document in a Texas estate plan, but the difference between one that works and one that fails comes down to drafting details most people never see. The Pabst Law Firm, PLLC is a boutique Austin practice that drafts wills meeting current Texas Estates Code requirements, includes self-proving affidavits so they move through probate efficiently, and fits each will inside the broader estate plan you actually need.
Frank Pabst serves as our CEO and Primary Attorney, acting as the lead designer and driver of every document. Frank leads the architecture of every will, walking you through every clause in plain English and pairing it with the powers of attorney and directives that complete a baseline plan. Nicky Pabst, our COO, leads the firm’s operational engine and administrative team, managing the intake and logistics so Frank can focus on the legal precision of your plan.
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Texas Will Requirements
The Texas Estates Code sets specific requirements for a valid will. Missing any of them can render the document unenforceable. Frank ensures the five essential pieces are handled correctly:
Age and Capacity: The testator must be at least eighteen years old, married, or a member of the armed forces. Testamentary capacity means understanding what you own, who your natural heirs are, and what the will does.
Writing Requirement: The will must be in writing; oral wills are not enforceable for property in modern Texas.
Signature: The testator must sign the will, or another person must sign in the testator’s presence and at their direction.
Witness Requirement: Two credible witnesses, both at least fourteen years old, must sign in the testator’s presence. Frank recommends that beneficiaries do not serve as witnesses to avoid legal challenges.
Self-Proving Affidavit. Frank includes this in every will. Signed before a notary, it allows the will to be admitted to probate without producing the witnesses in court.
What Happens if You Die Without a Will in Texas
If you die without a valid will, Texas Intestate Succession laws determine who inherits your property. The results frequently surprise families:
Married Residents: Rules differ depending on whether children are from the current marriage or a prior relationship. Many surviving spouses are surprised to learn they may not automatically inherit everything.
Unmarried Residents with Children: Children inherit equally; if a child has passed away, their share is split among their own descendants.
No Spouse or Children: The estate moves to parents, then siblings, then more distant relatives in a strictly defined order.
No Living Family: The estate ultimately escheats (reverts) to the State of Texas.
A will replaces these default state rules with your specific choices.
Types of Wills Recognized Under Texas Law
Frank architectures the right form of will based on your broader estate plan:
Attested Will. The standard form: Frank drafts these for nearly every client, ensuring they are signed, witnessed, and paired with a self-proving affidavit.
Self-Proving Will. An attested will with a self-proving affidavit attached, which streamlines the probate process and saves your family significant time and cost.
Holographic Will. Entirely in the testator’s handwriting and signed. While legal, Frank does not recommend them as they frequently fail in probate due to ambiguous language or handwriting disputes.
Pour-Over Will. Designed to work with a Revocable Living Trust. Anything not retitled into the trust during your lifetime pours into it at death. This is included in every trust-based plan we design.
Updating and Revoking a Will
Wills are not one-time documents; they must evolve with your life. Frank recommends reviewing your will every three to five years or after major life events:
Codicil. A written amendment to an existing will. While useful for small changes, Frank often recommends a Replacement Will for clarity.
Replacement Will. A new document that expressly revokes prior wills, providing the probate court and your family with one clean, updated document.
Revocation by Destruction: Tearing or burning an original will revokes it, but Frank advises against this without executing a new will simultaneously to avoid legal gaps.
The Travis County Probate Process
In Travis County, probate is handled in the county probate court. The executor Frank helps you name must file an application to admit the will. Frank designs every will with this process in mind:
Efficiency: Self-proving affidavits eliminate the need for witnesses to appear in court.
Independent Administration: Frank drafts wills to permit this default Texas process, which reduces court oversight and speeds up administration.
Court Avoidance: Even straightforward Travis County probate involves administrative delays; we design plans specifically to avoid court oversight wherever possible by pairing wills with trust-based strategies.
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