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The 2026 Texas Estate Planning Checklist: Wills, Trusts & Taxes

By Alex Bridges, CFP®

Estate planning in Texas is about more than deciding who receives your assets. A well-built estate plan can help your family understand your wishes, reduce confusion, coordinate beneficiary designations, plan for incapacity, and align your wealth with the people and causes you care about.

For 2026, the core estate planning question for many Texas families is straightforward: “Do my documents, accounts, and financial plan still work for my life today?” That question matters whether you live in The Woodlands, Conroe, Spring, Klein, Cypress, Tomball, Houston, or elsewhere in Greater Houston.

Tiverton Wealth, LLC is a fee-only Registered Investment Advisor based in The Woodlands, TX. We provide fiduciary financial planning and investment management for individuals, families, professionals, business owners, and retirees. While estate planning documents should be drafted by a qualified estate planning attorney, a fee-only fiduciary financial advisor can help organize the financial details that make those documents work in real life.

Key Takeaways

  • A Texas estate plan should usually include a will, powers of attorney, medical directives, beneficiary reviews, and a plan for how assets will transfer.
  • A revocable living trust may be useful for some families, but not every Texas household needs one.
  • Texas does not have a state estate tax or inheritance tax, but federal estate, gift, income tax, and retirement account rules may still matter.
  • Beneficiary designations on IRAs, 401(k)s, life insurance, annuities, and certain accounts can override instructions in a will.
  • Your estate plan should be coordinated with your retirement planning, investment management, tax planning, insurance, and charitable giving goals.

1. Start With a Current Inventory of What You Own

Before updating wills or trusts, start with a clear picture of your assets and liabilities. This inventory gives your attorney, CPA, and financial planner the facts needed to evaluate your estate plan.

Your inventory should include bank accounts, investment accounts, retirement accounts, real estate, business interests, life insurance, annuities, vehicles, personal property, digital assets, debts, mortgages, and any family loans. For business owners in The Woodlands or Greater Houston, this should also include ownership agreements, buy-sell provisions, entity documents, and succession plans.

For example, a couple in Spring may have a home, two IRAs, a taxable investment account, life insurance, and a small business interest. Their estate planning questions are not only legal questions. They also involve tax planning, beneficiary designations, liquidity, retirement income, and how investments should be managed if one spouse becomes incapacitated or passes away.

2. Review Your Texas Will

A will is often the foundation of a Texas estate plan. It can name who receives probate assets, appoint an executor, name guardians for minor children, and provide instructions for certain personal property.

For families with young children in areas like The Woodlands, Conroe, Klein, or Cypress, naming guardians is one of the most important reasons to have a properly drafted will. Without clear instructions, family members may be left trying to interpret your wishes during a difficult time.

A will should generally be reviewed after major life changes such as marriage, divorce, birth or adoption of a child, death of a family member, a move to Texas, a business sale, a large inheritance, or a material change in your financial situation.

3. Decide Whether a Revocable Living Trust Makes Sense

A revocable living trust can be useful for some Texas families, but it is not automatically necessary for everyone. A trust may help organize asset transfers, provide privacy, support incapacity planning, and simplify administration for families with property in multiple states.

However, a trust only works as intended if it is properly funded. That means assets may need to be retitled into the trust, and beneficiary designations may need to be reviewed. A trust document sitting in a folder, without proper coordination, may not accomplish the family’s goals.

A revocable trust may be worth discussing if you own real estate outside Texas, have blended family concerns, want more structured control over distributions, have privacy concerns, or want a more detailed plan for incapacity. A Texas estate planning attorney should help determine whether a trust is appropriate based on your circumstances.

4. Update Financial and Medical Powers of Attorney

Estate planning is not only about death. It is also about what happens if you are alive but unable to make decisions.

A financial power of attorney can allow a trusted person to help manage financial matters if you become incapacitated. A medical power of attorney can allow someone to make healthcare decisions on your behalf if you cannot make those decisions yourself. Many families should also discuss a directive to physicians, HIPAA authorization, and other healthcare-related documents with an attorney.

These documents can be especially important for retirees, widows, single adults, business owners, and families where one spouse handles most of the financial decisions.

5. Check Beneficiary Designations

Beneficiary designations are one of the most commonly overlooked parts of estate planning. IRAs, 401(k)s, life insurance policies, annuities, transfer-on-death accounts, and payable-on-death accounts may pass according to the beneficiary form on file, not according to your will.

This means an outdated beneficiary form can create an unintended result. A former spouse, deceased beneficiary, minor child, or missing contingent beneficiary can create practical problems for your family.

At least once a year, review beneficiary designations on retirement accounts, employer plans, life insurance, annuities, bank accounts, and taxable investment accounts. This review is also important after divorce, remarriage, a new child, the death of a beneficiary, or the creation of a trust.

6. Understand Texas Estate and Inheritance Tax Rules

Texas does not currently impose a state estate tax or inheritance tax. That can simplify planning for many Texas residents. However, federal estate tax rules may still matter for high-net-worth families, and income tax issues can still arise when heirs inherit retirement accounts, appreciated assets, business interests, or income-producing property.

For 2026, federal estate and gift tax planning remains relevant for families with larger estates. The federal estate and gift tax exemption is reported at $15 million per individual for 2026, and the top federal estate tax rate is generally 40% on taxable amounts above the applicable exemption. The annual gift tax exclusion is reported at $19,000 per recipient for 2026. These numbers should be confirmed with a qualified tax professional before making large gifts or estate planning decisions.

Even if your estate is not large enough to owe federal estate tax, tax planning can still matter. Traditional IRAs and 401(k)s may create taxable income for beneficiaries. Taxable investment accounts may receive different income tax treatment than retirement accounts. Charitable giving, Roth conversions, and lifetime gifting may also affect your broader financial plan.

7. Coordinate Estate Planning With Retirement Planning

Retirement accounts are often some of the largest assets a family owns. That makes estate planning and retirement planning closely connected.

For retirees in The Woodlands or Greater Houston, the estate plan should be reviewed alongside Social Security income, pension income, required minimum distributions, Roth conversion strategy, charitable giving, and portfolio withdrawals. The right beneficiary strategy may depend on whether heirs are adults, minors, financially responsible, disabled, charitably inclined, or in a high tax bracket.

For example, leaving a traditional IRA to adult children may create different tax results than leaving a taxable investment account or Roth IRA. Naming a trust as beneficiary of a retirement account may provide control, but it can also add complexity. These decisions should be reviewed with an estate planning attorney, CPA, and financial advisor before making changes.

8. Plan for Minor Children and Young Beneficiaries

If you have minor children, your estate plan should address both guardianship and money management. Naming a guardian in your will is important, but families should also consider who would manage assets for the children and under what terms.

Many parents do not want a child to receive a large inheritance outright at age 18. A trust can help provide structure, allowing assets to be used for education, healthcare, housing, and support while delaying full control until a later age or milestone.

This type of planning can be especially helpful for young families in Spring, Klein, Cypress, Tomball, and surrounding communities who are building wealth through retirement accounts, life insurance, home equity, and business ownership.

9. Review Life Insurance and Liquidity

Life insurance can play several roles in an estate plan. It may provide income replacement for a surviving spouse, liquidity for debts and final expenses, funding for children, or support for a buy-sell agreement in a business.

The amount and type of insurance needed depends on your income, debts, dependents, assets, and goals. A family with young children and a mortgage may have a different insurance need than a retired couple with no debt and substantial investment assets.

Insurance should be reviewed periodically to confirm ownership, beneficiaries, premium obligations, policy performance, and whether coverage still fits the planning need.

10. Consider Business Succession Planning

Business owners should not separate estate planning from business planning. If you own a closely held business, professional practice, real estate entity, or family business, your estate plan should address who can manage the business, how ownership transfers, and how the family receives liquidity.

A business succession review may include buy-sell agreements, key person insurance, entity documents, valuation planning, tax planning, and coordination with your personal estate plan. For business owners in Houston, The Woodlands, Conroe, and Tomball, this can be one of the most important parts of a comprehensive financial plan.

11. Organize Digital Assets and Important Information

Modern estate planning should include digital access. Your executor or trusted contact may need to know where to find passwords, financial accounts, tax records, insurance documents, estate documents, business records, and instructions for online accounts.

This does not mean sharing passwords casually. It means creating a secure system so the right person can access important information when needed. A password manager, secure document vault, and written inventory can help reduce stress for family members.

12. Revisit Charitable Giving

Charitable giving can be part of both lifetime planning and estate planning. Depending on your circumstances, you may want to discuss donor-advised funds, qualified charitable distributions from IRAs, charitable bequests, beneficiary designations, or charitable trusts with qualified professionals.

For retirees, charitable planning should be coordinated with required minimum distributions, tax brackets, cash flow needs, and the family’s broader estate plan.

How a Fee-Only Fiduciary Advisor Can Help

A fee-only fiduciary financial advisor does not replace an estate planning attorney. The attorney drafts legal documents. The CPA provides tax guidance. The financial advisor helps connect the estate plan to the household balance sheet, retirement plan, investment accounts, insurance, cash flow, and beneficiary designations.

At Tiverton Wealth, our role is designed to help clients organize the financial side of estate planning. That may include reviewing account ownership, identifying beneficiary gaps, coordinating with your attorney and CPA, evaluating retirement account transfer issues, reviewing investment management considerations for heirs, and helping surviving spouses understand the financial plan.

For families looking for a fee-only advisor in The Woodlands, TX, or a fiduciary financial advisor serving Greater Houston, the goal is not to create legal documents. The goal is to help make sure the financial plan and estate plan are working together.

What to Consider Before Making Estate Planning Decisions

Before changing your will, creating a trust, updating beneficiaries, or making large gifts, consider how the decision affects taxes, control, creditor protection, family dynamics, investment management, charitable goals, and future flexibility.

Estate planning decisions should be reviewed with a qualified estate planning attorney. Tax decisions should be reviewed with a qualified tax professional. Financial planning decisions should be reviewed in the context of your full financial picture.

When Should You Review Your Estate Plan?

Many families should review their estate plan every few years, or sooner after a major life event. Common triggers include marriage, divorce, birth of a child, death of a beneficiary, retirement, sale of a business, inheritance, major tax law changes, relocation to Texas, or a significant change in net worth.

If your documents are more than five years old, or if you are not sure who is listed as executor, trustee, power of attorney, guardian, or beneficiary, it may be time for a review.

Work With Tiverton Wealth

Tiverton Wealth, LLC is a fee-only Registered Investment Advisor located at 2001 Timberloch Place, Suite 500, The Woodlands, TX 77380. We provide fiduciary financial planning, retirement planning, and investment management for individuals and families in The Woodlands, Conroe, Spring, Klein, Cypress, Tomball, Houston, and the Greater Houston area.

If you want help coordinating the financial side of your estate plan, contact Tiverton Wealth at 281-865-8858 or alex@tivertonwealth.com. We can help you evaluate how your estate plan connects with your investments, retirement accounts, beneficiary designations, insurance, tax planning, and long-term family goals.

Disclosure: Tiverton Wealth, LLC is a fee-only Registered Investment Advisor. This article is for educational purposes only and should not be treated as individualized financial, legal, tax, or investment advice. Estate planning documents should be prepared and reviewed by a qualified estate planning attorney. Tax matters should be reviewed with a qualified tax professional. Investment advisory services are provided only pursuant to applicable advisory agreements and disclosures. Past performance does not guarantee future results.

Frequently Asked Questions

What should be included in a Texas estate planning checklist for 2026?

A Texas estate planning checklist should generally include a will, financial power of attorney, medical power of attorney, healthcare directive, beneficiary designation review, asset inventory, digital asset plan, and coordination with retirement accounts, life insurance, and taxable investment accounts.

Does Texas have an estate tax or inheritance tax?

Texas does not currently impose a state estate tax or inheritance tax. However, federal estate tax rules, federal gift tax rules, retirement account income tax rules, and capital gains tax considerations may still apply depending on your circumstances.

Do I need a trust if I live in Texas?

Not every Texas resident needs a trust. A revocable living trust may be useful if you want more privacy, own property in multiple states, have blended family concerns, want structured distributions, or need more detailed incapacity planning. A qualified estate planning attorney can help determine whether a trust fits your situation.

How can a fee-only financial advisor help with estate planning?

A fee-only financial advisor can help organize the financial side of estate planning by reviewing account ownership, beneficiary designations, retirement accounts, investment management, insurance, charitable giving, and tax planning considerations. The advisor should coordinate with your estate planning attorney and CPA.

What should I look for in a fiduciary advisor in The Woodlands, TX?

Look for clear compensation, fiduciary duty, planning experience, investment management process, transparent disclosures, and a willingness to coordinate with your attorney and tax professional. A fee-only fiduciary advisor should be able to explain how they are paid and what services are included.

Do I need a financial planner if I already manage my own investments?

You may still benefit from a financial planner if you want help coordinating retirement income, taxes, estate planning, insurance, charitable giving, and beneficiary decisions. Investment management is only one part of a complete financial plan.

Does Tiverton Wealth work with clients outside The Woodlands?

Yes. Tiverton Wealth is based in The Woodlands, TX and works with clients across Greater Houston, including Conroe, Spring, Klein, Cypress, Tomball, and Houston.

How is a fee-only advisor different from a commission-based advisor?

A fee-only advisor is compensated by client-paid fees rather than commissions from product sales. This structure can help reduce certain conflicts of interest, although clients should still review the advisor’s disclosures, services, fees, and fiduciary obligations before engaging the firm.

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