Skilled Estate Planning Attorneys


A will is a written document directing who will own the decedent’s property upon the decedent’s death. At common law, a will disposed of real property and a testament disposed of personal property. This distinction is rarely made today.

Importance of Having a Will

Most people should have a will. Even if a decedent has a very small estate, the last will and testament can accomplish many important goals such as:

  • appointing an executor to handle the estate, someone of the testator’s choice (which might not happen if the court were to appoint an executor);
  • allowing the executor to serve without bond, which will save the estate money; and
  • appointing a guardian for your minor children.

Community Property

Texas (along with other states) has a community property system as its basic marital property law. Spouses can provide for the distribution of community property in their wills, and they may also enter into a Survivorship Agreement for Community Property that will be governed by contract law.

What Property Will Not Pass Under My Will?

Proceeds from life insurance policies and retirement benefits will pass in accordance with the beneficiary designations and not under your will. In addition, property held as joint tenants with right of survivorship accounts (e.g., joint bank or brokerage accounts with right of survivorship) will pass to the surviving account holder and not under your will. Therefore, you should review your beneficiary designations and account agreements to be sure that they are coordinated with your will.

Subsequent events which may affect will provisions:

  • Divorce
  • Remarriage
  • Subsequent children
  • Death of a beneficiary

Don’t Put Your Family’s Future in the Hands of the Probate Court.

From the standpoint of probate administration, the most important step the estate planning attorney can take is to include the necessary provisions in the will to provide for an independent executor. By naming an independent executor, the client's estate will qualify for a simplified probate procedure, allowing the executor to operate “independent” of court supervision.

At The Zendeh Del Law Firm, PLLC, our legal team has the knowledge and experience necessary to help you protect your legal rights. You can be confident that, if you choose to work with a Plano Estate Planning lawyer from our firm, we will do everything possible to ensure that your final wishes are firmly established.

Contact our firm today for a consultation.

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