A Will That Actually Reflects What You Want for Your Family

A last will and testament is one of the most direct ways to make your wishes clear — who receives your property, who raises your children, and who you trust to carry out your instructions. Without one, Texas law makes those decisions for you. As a will attorney in New Braunfels, TX, I help families put those decisions in writing, in plain language, so there's no guesswork left for the people you love most.

What a Will Can and Cannot Do in Texas

A will is a legally binding document that directs how your assets are distributed after you pass. In Texas, a valid will must be signed in front of two witnesses or written entirely in your own handwriting — what's called a holographic will. Courts recognize both, but each comes with its own limitations, and a handwritten will drafted without legal guidance often creates more confusion than it resolves.

 

A professionally drafted will can accomplish a great deal:

 

  • Name a guardian for your minor children
  • Designate an executor you trust to manage your estate
  • Direct specific property to specific people
  • Establish a testamentary trust for children or beneficiaries who need structured distributions
  • Coordinate with a pour-over will to capture assets outside a revocable trust

 

What a will cannot do is transfer assets that pass by beneficiary designation or joint ownership — retirement accounts, life insurance, and jointly titled property move outside the will entirely. That's why I review your full picture during our consultation, not just the document in isolation.

How the Will Drafting Process Works

Getting a will in place doesn't require multiple appointments, a stack of paperwork, or weeks of back-and-forth. My process is designed to be straightforward for clients who are going through this for the first time and for those who are updating a plan that's years out of date.

 

Step 1: The Free Consultation

 

We talk through your family situation, your assets, and what you want to happen. I ask the questions you may not have thought to ask yourself — about guardianship, executors, and what happens if a beneficiary predeceases you. This conversation shapes everything that follows.

 

Step 2: Document Preparation

 

I draft your will based on what we discussed, using clear language that reflects your actual intentions. If a pour-over will, powers of attorney, or Lady Bird deed belongs alongside it, I'll include those recommendations before drafting begins.

 

Step 3: Review and Signing

 

You review the draft, ask any questions, and we schedule a signing appointment. Witnesses and notarization are coordinated so the document is properly executed under Texas law. Saturday appointments are available for clients who can't step away during the week.

Woman in neck brace signing documents at a desk while a man in glasses gestures, possibly in an office setting.

When a Will Is the Right Starting Point

Not every estate plan requires a trust. For many families in New Braunfels and across Comal County, a well-drafted will — paired with the right powers of attorney — is a complete and appropriate plan. A will tends to be the right foundation when your estate is straightforward, your beneficiaries are adults, and your primary goal is making sure your property goes to the right people without a fight.

 

A will is often the right choice if you:

 

  • Own a home in your name without a co-owner or designated beneficiary
  • Have minor children and need to name a guardian
  • Want to direct specific personal property, accounts, or sentimental items to specific people
  • Are starting your estate plan for the first time and want a clear, accessible document
  • Already have a revocable trust and need a pour-over will to capture any assets not transferred into it

 

If your situation involves a blended family, a child with special needs, a larger estate, or a desire to avoid probate entirely, I'll tell you honestly whether a trust makes more sense — or whether a combination of both is the right approach.

Common Questions About Making a Will in Texas

  • How do I make a will in Texas?
    To make a valid will in Texas, you must be at least 18 years old, of sound mind, and sign the document in front of two credible witnesses who also sign. An attorney-drafted will is the most reliable way to ensure your document meets all legal requirements and holds up if it's ever challenged. Holographic wills — written entirely in your own handwriting — are also valid in Texas, but they frequently create problems during probate because of ambiguous language or missing provisions.
  • Does a will avoid probate in Texas?
    No. A will must go through the Texas probate process before your estate can be distributed. However, Texas offers a relatively streamlined probate procedure compared to many other states, and in many cases the process is straightforward. If avoiding probate entirely is a priority, a revocable trust may be a better fit — and I can walk you through both options during your consultation.
  • What happens if I die without a will in Texas?
    Texas intestacy laws determine who inherits your estate if you die without a valid will. The outcome depends on whether you were married, whether you have children, and how your property is titled. In blended families or unmarried partnerships, the results can be significantly different from what you would have chosen. A will is the most direct way to override the default rules.
  • Can I write my own will in Texas?
    Technically, yes — Texas recognizes handwritten wills that meet the legal standard. In practice, self-drafted wills often contain language that's too vague to enforce, miss critical provisions like alternate beneficiaries, or fail to account for how specific assets actually transfer. The cost of having a will drafted professionally is modest compared to the cost of resolving those problems during probate.
  • How often should I update my will?
    You should review your will after any major life change — a marriage, divorce, birth of a child or grandchild, death of a named beneficiary or executor, or a significant change in your assets. As a general rule, reviewing your estate plan every three to five years keeps it aligned with your current situation and Texas law.

A Will Attorney in New Braunfels Who Answers When You Call

I'm Max, and I practice estate planning and probate law in New Braunfels and San Marcos. When you call my office, I or my legal assistant answers directly — no automated system, no voicemail loop, no waiting to hear back from someone who doesn't know your file. Estate planning is personal work, and I treat it that way.

 

If you're ready to put a will in place for your family, or if you're not sure yet whether a will or a trust is the right starting point, I'd be glad to talk it through. The consultation is free, and there's no obligation to move forward until you're confident it's the right fit.

 

Families across Comal County, New Braunfels, and the surrounding area have trusted Accordance Law Firm with their estate plans. I'd be glad to help yours as well.