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Last Will and Testament

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.

Frequently Asked Questions About Last Wills in San Antonio

What Are the Benefits of Creating a Last Will & Testament in San Antonio?

Creating a Last Will & Testament helps ensure your assets are distributed according to your wishes rather than Texas’s default intestacy formula. It lets you nominate a guardian for your minor children, name the executor you trust, and give your family a legally clear record of your intentions, which can reduce the risk of disputes. A properly drafted will can also help streamline the Bexar County probate process. Working with an attorney familiar with Texas statutes helps support compliance with current legal requirements and can reduce the risk of contestation. Wilson Law can help you draft a will that reflects what you actually want.

Is It Necessary to Have a Lawyer to Create a Will in San Antonio?

A lawyer isn’t legally required to create a will in Texas, but attorney guidance can help ensure your will complies with the Texas Estates Code, is properly executed with the right witnesses, and is less likely to be contested. Wilson Law provides experienced guidance in drafting your Last Will & Testament, helping you avoid common drafting errors that could lead to delays or challenges in probate.

How Often Should I Update My Last Will & Testament?

Review your will after any major life event: marriage, divorce, the birth of a child, a significant change in assets, or the death of a named beneficiary or executor. One important note for Texas residents: under the Texas Estates Code, divorce automatically revokes will provisions in favor of an ex-spouse and that ex-spouse’s relatives who aren’t also relatives of the testator, even if the will is never updated. Even without major changes, reviewing your will every few years is a sound practice. Wilson Law can assist with updates to help keep your will valid and aligned with your current circumstances.

What Makes Wilson Law a Great Choice for Estate Planning in San Antonio?

Wilson Law has served San Antonio families for over 35 years, and the firm’s growth has been built primarily through client referrals. Our practice spans estate planning, family law, and probate, which means will provisions involving guardianship or post-divorce updates can be addressed within the same firm. We offer free initial consultations and tailor every estate plan to the client’s specific family situation and assets.

What Are Common Misconceptions About Wills?

Three misconceptions come up regularly. First, many people assume wills are only for the wealthy. In reality, anyone with assets, minor children, or personal property they care about benefits from having one. Second, some believe a verbal agreement with family members is enforceable. It isn’t. Without a legally executed will, those preferences have no standing in Texas court. Third, many treat a will as a one-time document. Life changes, and your will should reflect those changes through periodic review and, when needed, a codicil or a new will entirely.

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!
  • 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.

  • 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.
  • 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.

  • 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.

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We Are Ready to Handle Your Family Law and Estate & Probate Needs With Diligence and the Expertise You Need

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