Simple Will in Texas: What It Is and Why You Need One
April 29, 2025
  • Evan Lange By Evan Lange
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Simple Will in Texas: What It Is and Why You Need One

If you’re just starting your estate planning journey, you may have heard the term simple will. But what exactly is a simple will? Who needs one? And how do you make sure it’s legally valid in Texas?

At The Lange Firm, we believe every Texan—regardless of wealth or age—deserves an estate plan that reflects their wishes and protects their loved ones. In many cases, a simple will is the perfect starting point.

Here’s everything you need to know about creating a simple will, what it covers, and why working with an estate planning attorney can make all the difference.

What Is a Simple Will?

A simple will is a straightforward legal document that:

  • Names who should inherit your assets after your death (your beneficiaries)

  • Appoints an executor to handle your estate

  • Names a guardian for any minor children

  • Outlines your basic final wishes (such as funeral instructions)

Unlike complex wills, which may include trusts, tax planning, or detailed asset management instructions, a simple will focuses on clear and direct distribution of property.

📌 Even though it’s called “simple,” it still must meet all legal requirements to be valid in Texas.

Who Needs a Simple Will?

A simple will is a smart option if:

  • You have a modest estate (typically under the federal estate tax exemption)

  • You have straightforward inheritance wishes

  • You are married with or without minor children

  • You want to name guardians for your minor children

  • You want to make sure personal belongings, savings, and real estate pass easily to loved ones

  • You want to avoid family disputes after your passing

At The Lange Firm, we help individuals and families create simple wills that are legally binding, easy to understand, and tailored to their unique needs.

What Does a Simple Will Cover?

Provision

Purpose

Beneficiaries

Who gets your assets and property

Executor

Who will manage your estate and carry out your wishes

Guardianship

Who will care for minor children if necessary

Personal Property Distributions

Special gifts (like jewelry, heirlooms, or cars)

Residue Clause

What happens to assets not specifically mentioned

A well-drafted simple will ensures that your voice guides your estate, not the default laws of Texas.

Requirements for a Valid Will in Texas

In Texas, a will is legally valid if:

  • It’s in writing (handwritten/holographic wills are allowed, but not recommended)

  • The person creating it (the testator) is at least 18 years old and of sound mind

  • It’s signed by the testator

  • It’s witnessed by two credible adults who are not beneficiaries

💡 Tip: A simple will can also be self-proved with a notarized affidavit, making probate faster and easier later on.

The Lange Firm ensures every will we draft meets all of Texas’ legal formalities—no guesswork, no risk.

Can You Write a Simple Will Yourself?

Technically, yes. But without legal guidance, DIY wills can lead to:

  • Invalid documents (missing witnesses, unclear language)

  • Unintended disinheritance

  • Family disputes and costly litigation

  • Assets passing under Texas intestacy laws instead of your wishes

At The Lange Firm, we’ve seen too many heartbreaking cases where a homemade will caused confusion, delays, and legal battles.

Working with an estate planning attorney ensures your simple will is truly effective and enforceable.

Benefits of a Simple Will

Creating a simple will offers major advantages:

  • Peace of mind knowing your family is protected

  • Clear guidance to loved ones during a difficult time

  • Faster and cheaper probate process

  • Control over who receives your property

  • Ability to nominate guardians for your children

  • Protection against intestacy (dying without a will)

And with The Lange Firm, creating a simple will is easy, affordable, and tailored to you.

Simple Will vs. Trust: Which Do You Need?

A simple will is ideal for straightforward estates.
A trust may be a better option if you:

  • Want to avoid probate altogether

  • Have complex assets (businesses, multiple properties)

  • Need ongoing asset management for minor or special needs beneficiaries

  • Are concerned about privacy or creditor protection

At The Lange Firm, we offer free consultations to help you decide whether a simple will, trust, or both are right for you.

How The Lange Firm Can Help You Create a Simple Will

At The Lange Firm, we make estate planning easy by offering:

  • Flat-fee simple will packages

  • Guidance on guardianship, executorship, and beneficiary designations

  • Proper witnessing and notarization services

  • Secure storage options for your will

  • Ongoing updates if your life or wishes change

📞 Contact us today to get started on your simple will and take the first step toward protecting your legacy.

Final Thoughts

So, what is a simple will? It’s a powerful yet straightforward way to ensure your wishes are honored, your family is cared for, and your estate is handled exactly as you intend.

✅ Whether you’re starting from scratch or updating your plans, The Lange Firm is here to help you create a legally valid, customized simple will—giving you and your loved ones lasting peace of mind.

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