List everything you own, such as real estate, personal property, bank accounts, life insurance, and retirement accounts. Determine which items will be given through your will and which you will give through other means.

Some items, such as life insurance and retirement accounts, will be paid to the beneficiaries named in your account documents and will not go through probate. You also may want to put some items in a trust to keep them out of probate.

Even if you try to avoid probate by creating a trust, it is still wise to have a will because it can dispose of items you forgot to put into a trust. A will is also an easy way to give family heirlooms or similar items to specific people. Finally, probate is not necessarily a bad option for everyone, and both wills and trusts have their pros and cons.

As the testator, you can devise assets to anyone you choose, including charities. Clearly describe who will receive family heirlooms and sentimental items. It is easy to divide money equally, but you do not want your family members fighting over how to divide antiques. If you are thinking of giving money to a charity, contact them to find out what type of gifts they will accept.

Your executor will manage your estate’s assets and distribute your assets according to your will’s instructions. You must choose someone you trust and who is responsible, and you should pick one or more successor executors to serve if your first choice becomes unavailable. In Texas, you cannot name an executor who has a felony conviction, and your executor must be at least 18 years old and of sound mind.

You should ensure your choice is willing to serve as your executor because being an executor can be time-consuming. An executor’s duties include:

• Locating and notifying your beneficiaries about the will and probate process
• Identifying, collecting, and safeguarding your assets
• Managing all legal actions on behalf of the estate
• Notifying your creditors
• Filing tax returns
• Paying your estate’s expenses and taxes

However, your executor will not have to do the above on their own. They can use estate funds to hire attorneys, accountants, and other professionals to help.

It can be difficult to imagine your children growing up without you, but you should think about who will care for them if the unexpected happens. You can name a guardian to care for your children in your will. Before choosing a guardian, talk to them and see if they want the responsibility and are willing to raise your children in accordance with your values.

You might want to consider creating a revocable living trust or testamentary trust and naming a trustee to manage your children’s assets. A trust gives you flexibility over the distribution of assets to your children. The person you name as trustee should be someone you trust and who has good judgment because they will be the caretaker of your children’s assets until your children are adults.

Texas has detailed rules for executing a will. Your will must be in writing and signed by you. If you are unable to sign, you can direct another person in your presence to sign your will for you. It also must be attested by two or more witnesses who are at least 14 years old and who sign the will in your presence. Your witnesses should not be beneficiaries of your will.

Texas allows testators to make a self-proved will by doing one of the following:

• The testator and witnesses sign sworn statements before a notary public when they execute the will
• Attaching a self-proving affidavit that is sworn to by the witnesses and testator before a notary public at any time after the will is signed.

A sample sworn statement to include in the will and a sample self-proving affidavit to attach after the will is executed are available in the Texas Estates Code.

A self-proved will can save time for your witnesses and make probate move more quickly because a self-proved will can be admitted to probate without requiring your witnesses’ testimony.

A lost will is useless, so you must keep your will in a safe place and make sure your executor knows where it is. You also should consider telling trusted friends or family members its location in case your executor becomes incapacitated, dies, or cannot be found.

You can place your will in a secure place in your home. Only use a safe deposit box if your bank will allow your family or executor to access it in the event of your death. If you hire an attorney, their firm might store original wills for clients. However, firms can go out of business, so you will need to know what will happen to your will if your attorney’s firm closes. Another option is to file your will with your county clerk. The clerk will give you a certificate of deposit and keep your will under seal.

You should review your will every three to five years or if you have a major life change, such as a new child, to ensure it still meets your needs. A Texas estate planning attorney can review your will to see if it needs changes.