Updating Your Will in Texas: Why It's Crucial in 2025

Wills aren’t meant to sit untouched for decades. Life moves fast, and an outdated will can create real problems during probate. In Texas, the court follows what’s written—not what someone thinks you meant. Failing to revise your documents could leave out loved ones, misdirect assets, or trigger court disputes. Updating your will in Texas probate keeps your wishes current and legally enforceable.

What Texas Law Says About Outdated Wills

Texas recognizes written wills that meet basic legal requirements. As long as the will is valid, the probate court will try to carry out your stated wishes. But when the will no longer aligns with your life, the court may face challenges:

Missing or outdated beneficiaries
Assets that no longer exist
Family disputes over unclear or outdated instructions
Failure to mention children or spouses

Judges can’t assume what you meant. If your will leaves out someone important or gives property to someone you no longer talk to, the court usually follows the document.

Common Life Events That Should Trigger a Will Update

1. Marriage or Divorce

When you get married, your spouse may have inheritance rights. But if your will predates the marriage and doesn’t include them, they could receive less than you intended.

Divorce doesn’t automatically remove your ex-spouse from your will. If you forget to update it, they could still inherit assets or serve as executor.

2. Birth or Adoption of Children

Adding children to your family is a major reason to revise your will. You’ll want to name a guardian and assign inheritance shares. Texas courts won’t guess how you wanted your estate split. If your will predates your kids, they could be left out.

3. Death of a Beneficiary or Executor

If someone named in your will dies, you should name a new person to take their place. This applies to both beneficiaries and the executor. Without updates, the court decides who steps in. That often causes delays or disputes.

4. Changes in Assets

Selling property, buying a new home, opening a business, or inheriting wealth all affect your estate. If your will references a specific home or account that no longer exists, confusion follows. Your assets and instructions should match.

5. Changes in Law

Texas probate laws can shift. Estate tax exemptions, inheritance rights, and executor rules may change. A will that worked ten years ago might no longer provide clear or favorable terms under current law.

Problems That Happen When You Don’t Update

An outdated will doesn’t just reflect the past—it can create real problems in probate.

Family Conflicts: Your family may fight over what you “would have wanted.” Clear and current documents reduce that tension.

Delays in Probate: Courts take time to interpret unclear instructions. If the document needs clarification, the process slows down.

Loss of Control: If your named executor can’t serve or you fail to name a backup, the court picks someone. That might not be who you trust.

Legal Challenges: Outdated wills invite contests. Someone left out might claim the will is invalid or unfair, especially if new relationships formed after the document was signed.

Tax Trouble: If your will doesn’t reflect current exemptions or tax-saving strategies, your estate could lose money.

How Often Should You Review and Update Your Will?

There’s no fixed rule, but most estate planners recommend a review every three to five years. Update it sooner if any major event happens. Think of it as regular maintenance—not just a one-time job.

What To Include When You Update

Updating doesn’t always mean starting from scratch. You can amend your will using a codicil, which is a legal update that refers back to the original. In some cases, writing a new will works better.

Your update should clearly address:

New beneficiaries or removed names
Current assets and property
Guardianship preferences
Backup executors
Charitable donations
Special instructions for specific items or accounts

Who Can Help With Updates in Texas

In Texas, you don’t need a lawyer to draft or update a will, but getting legal help can avoid costly mistakes. An attorney can review your current will, suggest changes, and help you meet state requirements.

Make sure the document meets these basics:

You sign it in front of two witnesses
The witnesses are not beneficiaries
It clearly revokes all previous wills

You should also consider adding a self-proving affidavit. This makes it easier to admit the will into probate without the witnesses having to testify.

Keeping Your Will Safe and Accessible

Once you update your will, store it in a safe place. Tell someone you trust where to find it. That person might be your executor or attorney.

Avoid putting it in a safety deposit box unless someone else has access. If no one can open the box, your family might not find the will until it’s too late.

Texas Probate Courts Prefer Clarity

Probate in Texas doesn’t have to be stressful. A clear, current will can make the process faster and less emotional for your loved ones. Judges follow the written word. They won’t try to guess what you meant or fix errors.

When your will stays updated, your estate moves smoothly through the court system. Your assets reach the right people. Your wishes get respected.

Final Thoughts: Don’t Let an Old Will Speak for the Present

Your life changes, and your will should keep up. In Texas, probate follows the paperwork. If your will is outdated, the law won’t correct your oversight. Loved ones could miss out.

Avoid confusion and court battles. Review your will regularly. Update it after major events. Make sure it reflects your true wishes—today, not years ago.

Free Texas Will & Probate Planning E-book

If you want to know more about what you can do, CLICK the button below to get your FREE E-book:

Prepare for Divorce

13 Dirty Tricks

Divorce Related eBooks

FAQs

What’s the difference between amending a will and creating a new will in Texas?

Amending a will typically involves making minor changes through a codicil, while creating a new will is necessary for more significant modifications. The choice depends on the nature of the changes.

What is the role of witnesses when updating a will in Texas?

Witnesses play a crucial role in ensuring the authenticity of your updated will. They should confirm that it accurately represents your wishes and that they witnessed its execution.

Is there a specific time frame for updating a will in Texas?

There’s no specific time frame, but it’s advisable to review your will periodically, especially after life-changing events, to keep it up to date.

Can I update my will without the assistance of a probate attorney in Texas?

While it’s possible to update your will without an attorney, seeking legal advice is highly recommended to ensure your will complies with Texas probate law.

What happens if I don’t update my will in Texas Probate?

An outdated will may not accurately represent your current wishes, potentially leading to legal disputes and complications in the probate process.