Before proceeding, please review the  legal disclaimer.

Texas Probate: How to Write a Child Out of a Will

When planning your estate, you may wonder if you have the legal right to write a child out of a will in Texas. Whether due to family disputes, estrangement, or other personal reasons, Texas law generally allows parents to disinherit a child. However, Texas probate laws have specific rules and best practices to ensure your wishes are honored and to minimize the risk of legal challenges.

At The Lange Firm, led by Evan Lange, we help families in Houston, Texas, navigate the complexities of estate planning and probate law. Understanding how to properly exclude a child from your will can prevent future disputes and ensure that your estate is distributed as you intend.

Learn more about our probate services here.

Can You Write a Child Out of a Will in Texas?

Yes, under Texas probate law, a parent can legally write a child out of a will. Unlike some states that require parents to leave a portion of their estate to their children, Texas law allows for complete disinheritance as long as it is done correctly.

However, specific steps must be taken to ensure that the disinheritance is legally enforceable and not subject to contestation in probate court.

Texas Probate Laws and Disinheriting a Child

Texas follows a legal doctrine called “testamentary freedom,” which gives individuals the right to distribute their assets as they see fit. That means a parent can choose to leave nothing to a child, as long as the will is properly drafted.

However, there are a few key considerations:

• Explicitly Naming the Child: Simply omitting a child’s name from the will may lead to confusion or legal disputes. It’s best to specifically state that the child is being excluded.
• Avoiding Ambiguity: If the language in the will is unclear, the child may argue they were accidentally omitted, potentially leading to a probate court challenge.
• Addressing Community Property: In Texas community property laws, a surviving spouse may still have claims over certain assets, which can affect estate distribution.

If a will is vague or improperly worded, courts may assume the omission was unintentional, potentially allowing the disinherited child to claim a portion of the estate.

How to Properly Write a Child Out of a Will in Texas

If you decide to disinherit a child, it is critical to follow these legal best practices:

1. Clearly State Your Intentions in the Will

To avoid misunderstandings, your will should specifically name the child and state that you are intentionally disinheriting them. Simply leaving them out might be interpreted as an oversight.

Example language:
“I have intentionally made no provision in this will for my child, [Child’s Name], and it is my express wish that they receive no portion of my estate.”

2. Use No-Contest Clauses to Prevent Challenges

A no-contest clause (also called an “in terrorem clause”) discourages challenges by stating that any heir who contests the will forfeits their inheritance.

While no-contest clauses are enforceable in Texas, they are not foolproof—if the child can prove that the will is invalid due to fraud or undue influence, the clause may not hold up in court.

3. Ensure the Will Is Legally Valid

For a will to be enforceable in Texas, it must meet these requirements:

• Be in writing
• Signed by the testator (the person making the will)
• Witnessed by at least two competent adults

A will that fails to meet these standards could be challenged and deemed invalid, meaning the estate would be distributed under Texas intestacy laws, potentially allowing the disinherited child to receive an inheritance.

Can a Child Challenge Being Written Out of a Will?

Yes, a child who is disinherited may still attempt to challenge the will in Texas probate court. Some common grounds for contesting a will include:

• Lack of Testamentary Capacity – Claiming the testator was not of sound mind when signing the will.
• Undue Influence – Alleging that someone manipulated the testator into disinheriting the child.
• Fraud or Forgery – Arguing that the will was falsified or improperly executed.
• Ambiguous Language – Claiming that the exclusion was not intentional due to unclear wording.

Working with an experienced estate planning attorney can help reduce the risk of legal challenges.

Can You Disinherit a Minor Child in Texas?

Yes, parents can disinherit a minor child from their will, but Texas probate law ensures that minor children are still provided for. Unlike adult children, minor children may have inheritance rights, especially when it comes to:

• Life insurance proceeds
• Social Security survivor benefits
• Homestead protections (ensuring they have a place to live)

If a parent wishes to ensure their minor child does not receive assets directly, setting up a trust may be a better option than outright disinheritance.

Alternatives to Writing a Child Out of a Will

If you are considering disinheriting a child but want to avoid legal disputes, you may explore alternative estate planning tools, such as:

• Leaving a Small Inheritance: Instead of disinheriting the child entirely, leaving a small amount (e.g., $1,000) along with a no-contest clause may deter them from challenging the will.
• Setting Up a Trust: A trust allows the testator to control how and when a child receives an inheritance, rather than disinheriting them outright.
• Gifting Assets Before Death: If legally appropriate, gifting assets before passing may help ensure the estate is distributed according to your wishes.

Texas Probate: What Happens If You Die Without a Will?

If someone in Texas dies without a will, the estate is distributed according to Texas intestacy laws. Under these laws:

• If there is a surviving spouse and children, the estate is divided between them.
• If the deceased was unmarried but had children, the children inherit everything.
• If there are no children or spouse, other relatives (such as parents or siblings) may inherit the estate.

This means that without a valid will, a disinherited child could still receive a portion of the estate under intestacy laws.

How The Lange Firm Can Help

At The Lange Firm, we assist families in Houston, Texas, with estate planning and probate matters. Evan Lange and our legal team can help:

• Draft a legally valid will that ensures your wishes are honored.
• Include no-contest clauses to prevent disputes.
• Explore trust options for more control over asset distribution.
• Handle probate litigation if a will is contested.

Learn more about Texas probate and estate planning here.

Conclusion

Under Texas probate law, parents can legally write a child out of a will, but it must be done carefully to avoid legal challenges. Ensuring the language is clear, using a no-contest clause, and working with an experienced estate attorney can help protect your wishes and prevent future disputes.

If you are considering excluding a child from your will, consulting with an estate planning attorney is the best way to ensure your documents are legally enforceable. Proper planning today can secure your legacy and prevent unnecessary probate litigation in the future.