Last Will & Testament Services in San Antonio
Estate & Family Law Under One Roof Since 1983
A last will and testament is the most direct tool you have to control what happens to your assets and who cares for your children after you’re gone. Without one, Texas intestacy law makes those decisions for your family, regardless of what you would have wanted. At Wilson Law, our San Antonio last will attorneys have been helping families protect those wishes for over 35 years, drafting wills as part of a comprehensive estate planning practice that also covers trusts, powers of attorney, and probate.
What sets our approach apart is the breadth of practice behind it. Because we also handle family law, we can address will provisions that touch on guardianship nominations or divorce-related estate updates within the same firm. There are no referrals elsewhere and no starting over with a new attorney. That continuity matters when the stakes are your family’s future.
Don’t leave your legacy to chance. Contact our San Antonio wills attorneys today or call (210) 405-4919 to schedule your free consultation.
What a Properly Drafted Will Covers
A will is more than a list of who gets what. A thorough document addresses several distinct decisions, each of which carries real consequences if left out or handled carelessly.
Executor Appointment
You name an executor in your will to file with the probate court and carry out the will’s terms. Choosing someone trustworthy and organized can make a meaningful difference in how smoothly that process goes.
Asset Distribution Instructions
You direct which beneficiaries receive which property: by specific item, category, or percentage. This is where personal intentions get locked into legally enforceable language.
Guardianship of Minor Children
A will is the only document through which a parent can nominate a guardian for minor children. Without that nomination, a court decides. It may not choose who you would have chosen.
Disposition of Remains
You can include instructions for funeral arrangements and how you want your remains handled, sparing your family from having to guess during an already difficult time.
Codicils & Future Changes
Changes to an existing will are made through a codicil rather than rewriting the entire document. A new will, when executed properly, supersedes all prior versions.
One important boundary to understand: some assets don’t pass through a will at all. Life insurance proceeds, retirement accounts like a 401(k) or IRA, payable-on-death bank accounts, and real estate held in joint tenancy transfer directly to named beneficiaries or surviving owners regardless of what your will says. Beneficiary designations on those accounts deserve the same attention as the will itself.
What Happens Without a Will in Texas
Under Texas Estates Code § 201.001, dying without a will means the courts distribute your assets according to a fixed statutory formula. That formula doesn’t account for your relationships, your intentions, or your family’s dynamics. It can result in unintended parties inheriting, estranged relatives receiving property, or assets being sold to satisfy creditors in an order you wouldn’t have chosen.
Guardianship follows the same pattern. Parents who die without a will leave the question of who raises their children entirely to a judge. A will won’t bind the court, but a documented nomination carries significant weight. When the testator’s intentions aren’t legally clear, family disagreements fill the gap. A valid will makes your wishes part of the legal record, not a family debate.
For families navigating Bexar County probate, a valid will can streamline the process. The court still requires documentation, including proof of the will’s validity, but a properly executed will gives that process a clear foundation to work from.
Texas Legal Requirements for a Valid Will
Texas law sets specific requirements for a will to hold up in probate. Meeting them at execution is far easier than trying to remedy defects later.
- Testamentary Capacity: The testator must be at least 18 years old (or married, or serving in the military) and of sound mind at the time of signing.
- Attested Will Requirements: Under Texas Estates Code § 251.051, the will must be in writing, signed by the testator, and witnessed by two or more credible witnesses who are at least 14 years of age and who sign in the testator’s presence.
- Holographic Will Exception: Texas Estates Code § 251.052 recognizes holographic wills. A will written entirely in the testator’s own handwriting doesn’t require witnesses to be valid. These are legally recognized but carry a higher risk of being challenged in probate court.
- Self-Proving Affidavit: A notarized self-proving affidavit attached to the will can eliminate the need for witnesses to testify at the probate hearing, which can help streamline the process (Texas Estates Code §§ 251.101 et seq.).
- No State Estate Tax: Texas has no state estate tax. Federal tax obligations of the estate, if any, must be settled by the executor before assets are distributed to beneficiaries.
Why San Antonio Families Choose Wilson Law
Founded in 1983, Wilson Law has built its reputation almost entirely through client referrals. That kind of growth reflects sustained trust. Families come to us because someone they know already worked with us and would do so again.
As a last will lawyer in San Antonio, we don’t hand clients a standard template. We listen to your family situation, your asset profile, and your concerns before drafting anything. If your will involves guardianship decisions for minor children, we can address those alongside related family law questions. If your estate is heading toward probate, the attorneys who drafted your will can guide your executor through that process too. That continuity, across estate planning, family law, and probate, is a key advantage of working with a firm that handles these connected matters together. We also provide free initial consultations so you can understand your options before committing to anything.
Start Your Estate Plan with a Free Consultation
Getting a will in place doesn’t have to be complicated. We offer free initial consultations and can provide appointment times that work around your schedule. Whether you’re drafting your first will or updating one after a major life change, our team can help you address the process properly.
Call (210) 405-4919 or contact us online to connect with our San Antonio last will attorneys and take the first step toward protecting your family’s future.
Have Questions?
We Have Answers!
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Does divorce have any impact on a will?
Yes, divorce has an impact on a will in Texas. While the will is still valid, the deceased’s ex-spouse and their relatives will no longer be a part of the will – even if they were included.
Contact your estate planning attorney to ensure that all the documents are in order whenever a significant life event occurs, such as a birth, divorce, or death.
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Is it always necessary to probate a will in Texas?If a person dies, leaving behind a will, the executor can only implement its provisions after going through the probate process. However, some assets are automatically transferred to beneficiaries through a trust, joint ownership with a right of survivorship, or accounts with direct payments to beneficiaries.
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Do I need an attorney to probate a will in Texas?
It is possible to probate a will in Texas without an attorney because of “independent administration.” Independent administration means executors can work with little probate court supervision.
Even though an individual can probate a will on their own, it’s recommended that you seek the help of an attorney.
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Can I contest a will in Texas?
Contact a probate attorney to contest a will. A will can be challenged in Texas for one of the following reasons:
- Lack of testamentary capacity: The person who wrote the will didn’t understand the consequences of their actions.
- Undue influence: Someone was inappropriately influencing the person creating the will.
- Due execution: The will was not properly witnessed or signed.