Estate Planning for People New to Texas

Reviewed by Turner Henington, attorney, Texas Bar No. 24148206 · Updated October 2026

Austin has welcomed a huge number of new residents, and many of them arrive with an estate plan drafted in another state, sometimes years ago. We see the same issues again and again: a trust that never got the new house, a will that will work but slowly, and a couple who doesn’t realize Texas now treats their property differently. Henington Lewis Law Firm PLLC reviews out-of-state plans for families in Austin and Travis, Williamson and Hays Counties and tells you plainly what to keep, what to change and what to replace.

Is My Out-of-State Estate Plan Still Valid in Texas?

Texas Independent Administration: Why It Matters

Texas has one of the simplest probate systems in the country when a will provides for independent administration. The executor can do most things without asking the court. Wills from other states often don’t use that language. If yours doesn’t, all of the beneficiaries can sometimes agree to independent administration (Estates Code § 401.002), but if they can’t or won’t, the estate can end up in probate with dependent administration, with court approval for many steps and more cost. A short Texas will or a trust avoids the issue.

Texas Is a Community Property State

If you moved from a “common law” state such as New York, Illinois, Florida or Colorado, Texas treats marital property differently:

• Most property either spouse acquires while married and living in Texas is community property, owned half by each spouse (Family Code § 3.002).
• Property each spouse owned before marriage, or received by gift or inheritance, is separate property (§ 3.001).
• Property you acquired while living in another state is classified under that state’s law. Texas has a special rule for dividing that property in a divorce (Family Code § 7.002), but at death it is generally treated as belonging to the spouse whose name it is in. That can make a big difference if most of what you own is in one spouse’s name.
• Moving from another community property state, such as California, Arizona or Washington? The concepts are similar but the details aren’t the same, so the plan still needs a Texas review.

Your Texas Move Checklist

1. Deed your Texas home into your living trust, if you have one.
2. Apply for your residence homestead exemption with your county appraisal district (Travis, Williamson or Hays). It stays available with the home in a qualifying trust (Tax Code § 11.13(j)).
3. Sign Texas statutory durable powers of attorney, medical powers of attorney and directives to physicians.
4. Have your will reviewed for independent administration and Texas law, or replace it with a Texas pour-over will.
5. If you’re keeping property in your old state, make sure it is in your trust to avoid ancillary probate there.
6. Update beneficiary designations and account titles to match.
7. Review agents, executors and trustees: are they still the right people now that you live here?

Good News About Moving to Texas

• No state income tax, estate tax or inheritance tax. The federal estate tax exemption is $15 million per person in 2026. If you came from a state with an estate or inheritance tax, your old plan may have tax-driven provisions you no longer need.
• A strong homestead. Texas protects your homestead from most creditors, and your surviving spouse can live in it for life.
• Simple probate with the right documents. With a Texas will providing for independent administration, or a funded trust, settling an estate here can be straightforward.

Who Will Prepare Your Plan

Turner Henington and Samantha Lewis founded Henington Lewis Law Firm, and one of them works on every plan we write. Turner is a former KPMG tax accountant and a graduate of The University of Texas School of Law. Samantha has nearly a decade of experience in Texas and federal courts and handles estate disputes, so she drafts with an eye to how plans get challenged. Our office is at 1101 S. Capital of Texas Hwy, Bldg G, Suite 150-C, near West Lake Hills, and we also meet by phone and Zoom.

What Our Clients Say

Moving to Texas and Estate Planning FAQ

Is my will from another state valid in Texas?

Generally yes, if it was validly signed under the law where you signed it. But it may not provide for Texas independent administration, which can mean more court supervision and cost. It’s usually worth having it reviewed or replaced with a Texas will.

Do I need a new trust when I move to Texas?

Usually not. A revocable trust from another state generally stays valid. But you need to deed your Texas home into it, and it may need an amendment or restatement for Texas homestead and community property issues.

Is my power of attorney from another state valid in Texas?

Yes, if it was validly executed under the law that governs it (Texas Estates Code § 751.0023). In practice, Texas banks and title companies often move faster with the Texas statutory form, so many people sign a new one.

Will Texas hospitals honor my out-of-state health care power of attorney?

Texas gives an advance directive validly signed in another state the same effect as a Texas one, as long as it doesn’t authorize anything Texas law prohibits. Signing Texas forms avoids any questions.

How does community property affect people who move to Texas?

Property you acquire while married and living in Texas is generally community property owned half by each spouse. Property acquired while you lived in a common law state is classified under that state’s rules and, at death, is generally treated as belonging to the spouse whose name it is in.

Does Texas have an estate or inheritance tax?

No. Texas has no state estate tax, inheritance tax or income tax. The federal estate tax exemption is $15 million per person in 2026.

What is independent administration in Texas?

It lets the executor settle the estate with minimal court supervision. It’s created by language in the will or, in some cases, by agreement of all the beneficiaries. Without it, an estate can end up in probate with dependent administration, which takes longer and costs more.

Do I need to do anything about property I still own in my old state?

Yes. Real estate in another state held in your own name can require a separate probate there. Moving it into your trust avoids that.

How much does it cost to update an out-of-state plan for Texas?

Every plan is a flat fee, quoted in writing after a free consultation. If your existing trust can be kept, the update often costs less than a new plan.

Sources and Texas Law Cited

The legal and tax statements on this page are based on the primary sources below. Laws and figures change, and this page was last reviewed in October 2026. This page is general information, not legal advice for your situation.

• Texas Estates Code § 751.0023 – Validity of powers of attorney signed in another state
• Texas Health & Safety Code § 166.005 – Advance directives signed in another state
• Texas Estates Code § 401.002 – Independent administration by agreement
• Texas Family Code § 3.001 – Separate property
• Texas Family Code § 3.002 – Community property
• Texas Family Code § 7.002 – Division of property acquired while domiciled in another state
• Texas Tax Code § 11.13 – Residence homestead exemption (qualifying trusts)
• Texas Comptroller – Residence Homestead Exemption FAQ
• IRS Rev. Proc. 2025-32 – 2026 estate, gift and GST exemption ($15 million) and annual exclusion ($19,000)

Keep Reading

• Estate Planning for Married Couples
• Estate Planning for Real Estate Investors
• Estate Planning for Retirement
• Independent vs. Dependent Administration in Texas Probate
• What Makes a Will Valid in Texas?
• Will vs. Trust in Texas
• Do I Need a Trust If I Own a Home in Texas?
• Austin Estate Planning Attorney
• Estate Planning for Every Stage of Life