A last will and testament is the most fundamental document in any estate plan. It is your legal voice after you are gone — the document that names who receives your property, who manages your estate, and who raises your children if both parents are no longer living. Yet roughly half of American adults have no will at all. For those who die without one, Texas law fills in every blank — and the results often bear little resemblance to what the person would have wanted.
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The Law Office of Ryan Putz drafts Texas wills for individuals and families throughout Walker County and Montgomery County. Ryan takes the time to understand your specific family structure, assets, and goals before drafting a single word — because a will that does not reflect your actual situation can cause as many problems as no will at all.
What a Texas Will Does — and Does Not Do
What Your Will Covers
A Texas will controls the distribution of your probate estate — the assets you own in your own name that do not pass by beneficiary designation, joint ownership, or other non-probate mechanism. Your will can:
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Name the executor who will manage your estate and carry out your instructions
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Identify beneficiaries and specify what each receives — specific items, dollar amounts, percentages, or the entire residuary estate
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Name a guardian for your minor children if both parents are deceased
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Create a testamentary trust inside the will to hold assets for minor or vulnerable beneficiaries until they reach a specified age or milestone
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Specify funeral and burial or cremation preferences
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Forgive debts owed to you by others
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Name an alternate executor and alternate beneficiaries in case primary designees predecease you
What Your Will Does Not Cover
A will only governs probate assets. Several important asset categories pass outside of your will regardless of what it says:
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Life insurance proceeds — pass to the named beneficiary on the policy
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Retirement accounts (IRA, 401(k), 403(b)) — pass to the named beneficiary on the account
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Payable-on-death and transfer-on-death bank and investment accounts — pass directly to the named recipient
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Real property held in joint tenancy with right of survivorship — passes to the surviving co-owner
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Assets held in a trust — governed by the trust document, not the will
Coordinating your will with your beneficiary designations and non-probate assets is essential. A common estate planning mistake is leaving a will that says one thing while beneficiary designations on retirement accounts and life insurance say something completely different — the beneficiary designations win every time.
A pour-over will is a special type of will used alongside a revocable living trust. It directs any assets not already in the trust at death to 'pour over' into the trust, ensuring all assets ultimately are governed by the trust's terms. If you have a trust, you still need a will.
Who Should Be Named in Your Will
The Executor
Your executor — sometimes called a personal representative — is the person responsible for managing your estate after death. They gather assets, pay debts and taxes, and distribute what remains to your beneficiaries. Choosing the right executor matters enormously. Your executor should be someone who is organized, trustworthy, capable of handling financial matters, and willing to serve. Most Texas wills name a primary executor and one or more alternates in case the primary is unable or unwilling to serve.
Guardian for Minor Children
If you have minor children, naming a guardian in your will is one of the most important decisions you will make. The guardian is the person who would raise your children if both parents pass away. Texas courts give significant weight to a parent's written designation of guardian, though the court retains authority to appoint a different person if the designated guardian is not in the child's best interest. Without a designation, the court decides entirely on its own — sometimes with results the parents would never have chosen.
Consider naming a separate guardian of the person (who raises the child) and guardian of the estate (who manages inherited assets) if the person best suited to raise your children is not the best person to manage money.
Beneficiaries
Your will designates who receives your property. You can give specific items ("my 1965 Ford Mustang to my son"), specific dollar amounts, fractional shares of the estate, or the entire residuary estate (what is left after specific bequests and debts are paid). Always name alternate beneficiaries in case a primary beneficiary predeceases you, and consider what happens to a deceased beneficiary's share — does it go to their children, or does it pass to the remaining beneficiaries?
