Arlington Wills Lawyer

Are you looking for a wills attorney in Arlington, TX?

At Brandy Austin Law Firm, we handle wills and estate planning matters backed by over 18 years of legal practice in Arlington and the surrounding area.

A will is the document that tells the State of Texas what should happen with your property, your accounts, and your minor children after you die. Without one, those decisions fall to the Texas Estates Code, and the outcome may look nothing like what you would have chosen. Getting it right under Texas law requires attention to formalities that many people overlook.

Brandy Austin Law Firm has served clients across Tarrant County in estate planning, probate, and civil matters since 2013. Our founder, Brandy Austin, has been licensed in Texas since 2008 and has drafted wills for individuals and families with a wide range of assets and circumstances. If you need an Arlington, TX wills lawyer, contact our office to discuss your situation.

Wills Lawyer Arlington, TX

Texas law sets out specific requirements for a valid will. Under Texas Estates Code § 251.051, an attested will must be in writing, signed by the testator or by another person at the testator’s direction and in the testator’s presence, and attested by two credible witnesses who are at least 14 years old. A holographic will, which is written entirely in the testator’s handwriting, does not require witnesses under § 251.052 but must still be proven in court.

According to a 2024 survey by Caring.com, only 32% of American adults have an estate plan in place. That figure dropped six percentage points from the prior year, marking the first decline in four years. Among those without a will, 40% said they did not believe they owned enough assets to justify one. That reasoning does not hold up in practice. Any person who owns a home, holds retirement accounts, or has children under 18 should have a will that reflects their intentions.

Types of Wills Cases We Handle in Arlington

The type of will, the complexity of the estate, and the family situation all shape the legal work involved. We handle the following types of wills matters for clients in Arlington and throughout Tarrant County.

• Last will and testament drafting. The standard will that names beneficiaries, appoints an executor, and directs how property should be distributed. Unlike a trust, a will goes through probate, but it remains the most common estate planning document in Texas. We draft these to comply with Estates Code Chapter 251 and to minimize the chance of a challenge after death.
• Holographic wills. Texas recognizes handwritten wills under § 251.052. While valid if properly executed, holographic wills are more susceptible to disputes over authenticity and interpretation. We advise clients on when a holographic will is sufficient and when an attested will is the better path.
• Self-proving wills. A self-proving affidavit, authorized under Texas Estates Code § 251.104, allows the will to be admitted to probate without requiring the witnesses to appear in court. We include this affidavit in every attested will we prepare because it simplifies the probate process for your family.
• Will contests and probate disputes. When a family member or beneficiary challenges the validity of a will, the dispute goes to probate court. Common grounds include lack of testamentary capacity, undue influence, fraud, and failure to meet execution requirements. We represent both those contesting a will and those defending one.
• Will amendments and codicils. Marriage, divorce, the birth of a child, or the death of a named beneficiary can all require updates. We draft codicils and, when the changes are substantial, prepare entirely new wills.
• Wills involving custody. Second and third marriages add complexity. A will needs to account for children from prior relationships, existing custody arrangements, and the surviving spouse’s rights under Texas community property law. Getting the balance wrong invites conflict after the testator dies.
• Wills for business owners. If you own a business, your will should address succession, valuation, and the transfer of ownership interests. Without clear language, a business can become entangled in probate proceedings that disrupt operations.
• Guardian designations. Parents of minor children use a will to name a guardian. Texas Estates Code § 1104.001 allows a parent to designate a guardian in a written declaration, including a will. If both parents die without naming one, the court makes that decision based on what it determines to be in the child’s best interest, not on what the parents would have chosen.

Why Choose Brandy Austin Law Firm as My Wills Lawyer in Arlington, TX?

Experience in Estate Planning and Civil Litigation

A will that fails to meet the statutory requirements can create problems that surface only after the testator is no longer around to clarify. Brandy Austin founded this firm in 2013 and has practiced law in Texas for over 18 years. She is admitted to the U.S. District Courts for the Northern, Eastern, and Southern Districts of Texas, which positions us to handle disputes that cross into federal court.

Brandy graduated from Baylor University School of Law and earned Rising Star recognition from Super Lawyers from 2015 through 2018. The National Academy of Personal Injury Attorneys named her a Top 10 Attorney Under 40, and Fort Worth Magazine selected her as a Top Attorney. She is a Fellow of the Texas Bar Foundation and an Associate Fellow of the Litigation Counsel of America, and she currently serves as President-Elect of the Tarrant County Trial Lawyers. Her awards and recognitions reflect a career built on preparing clients for what lies ahead.

As your estate planning lawyer in Arlington, TX, we bring that same rigor to wills work. The firm has handled estate matters ranging from single-person wills to contested probate cases involving substantial assets.

We handle wills matters on a flat fee or hourly basis, depending on complexity. Fees are discussed during the initial consultation so you know what to expect.

What Is Important to Understand About Wills Cases?

What Happens When Someone Dies Without a Will in Texas

When a person dies intestate, meaning without a valid will, the Texas Estates Code Chapter 201 dictates who inherits. The distribution depends on whether the deceased was married, had children, and whether any property was community or separate.

• Married with children. If the children are also children of the surviving spouse, the spouse inherits all community property and one-third of separate personal property. The remaining two-thirds of separate personal property passes to the children.
• Married without children. The surviving spouse inherits all community property and all separate personal property. Separate real property is divided between the spouse and the deceased’s parents or siblings.
• Unmarried with children. Everything goes to the children in equal shares.
• Unmarried without children. The estate passes to the deceased’s parents, siblings, or more distant relatives under a statutory formula.

These default rules rarely match what a person would have written into a will. A will lets you override them entirely.

What Are Important Aspects of a Wills Case?

Several factors determine whether a will accomplishes what the testator intended.

• Testamentary capacity. The testator must be at least 18 years old, or be currently married or a member of the armed forces, and must understand the nature of their property, the effect of the will, and who their natural beneficiaries are.
• Proper execution. An attested will requires two credible witnesses. A holographic will must be entirely in the testator’s handwriting. Any deviation from these requirements opens the door to a contest.
• Clear beneficiary designations. Vague language about who receives what leads to disputes. We draft provisions that identify each beneficiary and describe each bequest without ambiguity.
• Executor selection. The person you name as executor carries the responsibility of managing the estate through probate. Picking someone reliable, organized, and willing to serve matters as much as any other provision in the document.

What Is the Wills Case Timeline?

Each wills matter moves at its own pace, but the general progression follows a familiar pattern.

• Initial consultation and case evaluation. We review your assets, family structure, and goals to determine what type of will fits your situation. This typically takes place within the first week or two.
• Drafting the will. We prepare the will based on your instructions and Texas law. Most drafts are ready within two to four weeks.
• Review and execution. You review the document, we address any revisions, and a signing is scheduled. The will is signed before two witnesses and notarized with a self-proving affidavit.
• Storage and safekeeping. Texas does not require wills to be filed with a court during the testator’s lifetime, but storing the original in a secure location and telling your executor where to find it is essential.

Under Texas Estates Code § 256.003, a will must be offered for probate within four years of the testator’s death. Missing that deadline generally means the estate passes under intestacy rules, regardless of what the will says.

What Should You Bring to Your Wills Consultation?

Having your information organized before the first meeting allows us to draft a stronger will.

• A list of all assets, including real property, bank accounts, retirement accounts, investments, and vehicles
• Information about outstanding debts, including mortgages, loans, and credit card balances
• The full legal names and contact information for your intended beneficiaries
• The name and contact information of the person you want to serve as executor
• If you have minor children, the name of the person you would like to serve as guardian
• Any existing wills, trusts, or powers of attorney already in place

We will go through the details, explain how Texas law applies to your circumstances, and answer your questions. Everything you share with us is confidential.

Tarrant County Court and Local Resources for Wills Cases

Arlington sits within Tarrant County. Probate matters, including will contests and applications to admit a will to probate, are handled in the Tarrant County probate courts at 100 E. Weatherford, Fort Worth, TX 76196.

The Tarrant County Clerk’s Office maintains records related to probate filings and accepts applications through its office.

The Texas State Law Library provides access to the full text of the Texas Estates Code and other statutes relevant to wills and probate.

Reach Out to Brandy Austin Law Firm to Schedule a Consultation

If you need a will drafted, updated, or reviewed in Arlington or the surrounding area, Brandy Austin Law Firm can help. We work with individuals and families to put an enforceable will in place that reflects your wishes under Texas law. Contact us to schedule a consultation with our wills attorney in Arlington, TX today.