What Should Be in a Texas Estate Plan Besides a Will?

October 1, 2025
Bradley Campbell
Tyler Estate Planning
Many people think having a will is enough to cover their estate planning needs. But in Texas, a complete estate plan goes far beyond just a will. Documents such as healthcare directives, powers of attorney, and trusts can protect your wishes, your family, and your assets both during your lifetime and after.
Attorney Bradley Campbell
Bradley Campbell
Bradley Campbell has over 35 years of experience. A trusted advisor and counselor, Attorney Campbell will help you find solutions for your case by focusing on personal attention, communication, and professionalism. If you need an attorney for probate, business law, or real estate with the experience and understanding to serve you with the individualized care and attention that your case deserves. Attorney Campbell provides consultations throughout the week at our convenient locations in Tyler, TX and Mineola, TX.

When most people hear the words “estate plan,” they think of a will. While a will is an important piece, it’s only one part of a much bigger picture. A strong estate plan should also prepare for unexpected medical issues, protect your finances if you become incapacitated, and make sure your assets are transferred smoothly.

At Campbell Law Firm, we’ve guided families in Tyler and Mineola through the estate planning process for over 35 years. In this article, we’ll walk through the key documents and strategies beyond a will that every Texan should consider.

Why Isn’t a Will Enough?

A will explains how your property should be divided after your passing. Still, it doesn’t cover medical decisions, protect your estate from disputes, or give someone authority to act for you while you’re alive but unable to make decisions. That’s why a comprehensive Tyler estate planning approach includes additional documents.

Essential Healthcare Documents in a Texas Estate Plan

Healthcare documents are among the most essential parts of any Texas estate plan. These tools give you a voice in your medical care even if you cannot speak for yourself, and they relieve stress for your loved ones in a crisis. Texas law recognizes three core items in this area: a Directive to Physicians (also known as an advance directive), a Medical Power of Attorney, and, when appropriate, a Do-Not-Resuscitate order.

HIPAA Authorization

The HIPAA Privacy Rule limits who can access your private medical information. Without written authorization, even close family members may be blocked from getting updates. A HIPAA authorization lets you name who may receive information and speak with your doctors.

Directive to Physicians and Family or Surrogates (Advance Directive)

Often referred to as a “living will,” this document outlines your wishes for life-sustaining treatment in the event of a serious illness or injury. Modern directives allow you to express preferences for common scenarios, giving doctors and loved ones clear guidance. In Texas, this document is formally called the Directive to Physicians and Family or Surrogates.

Medical Power of Attorney

A Texas Medical Power of Attorney lets you appoint an agent to make healthcare decisions if you cannot. Choose someone available and willing to act quickly when needed. The MPOA works hand-in-hand with your directive by empowering your agent to follow your wishes.

Do-Not-Resuscitate Orders (including Out-of-Hospital DNR)

Some people decide to decline resuscitation in certain circumstances. Texas provides a specific Out-of-Hospital Do-Not-Resuscitate (OOH-DNR) order that EMS and other professionals recognize; identification devices like bracelets are permitted. Facility-specific orders can also document limits on hospitalization in long-term care settings, but Texas does not have a statewide, statutory “Do Not Hospitalize” form. Discuss your goals of care with your physician so the right orders are in place and easy to find.

Financial and Property Protection Beyond a Will

Planning for your financial well-being is just as critical as planning for medical care. If you become incapacitated, someone must be able to manage your finances. After your passing, you’ll want to ensure assets transfer smoothly, avoid probate delays, and protect loved ones. These documents and strategies go beyond a simple will to give you and your family peace of mind.

Statutory Durable Power of Attorney (Financial)

A Statutory Durable Power of Attorney (SDPOA) allows a trusted person to handle your finances if you cannot. The Texas statutory form also makes clear it does not authorize medical decisions. Without an SDPOA, your family may have to seek a court-ordered guardianship to act on your behalf.

Trusts

Trusts are powerful tools in Texas estate planning. They can:

  • Avoid probate for assets titled to the trust
  • Provide control over how and when beneficiaries receive funds
  • Support special circumstances, such as Special Needs Trusts, that help a loved one with disabilities without disrupting benefits
  • Address tax and creditor concerns. Certain trust designs can reduce federal estate tax exposure and protect beneficiaries from their own creditors. 

Beneficiary Designations

Some assets, like retirement accounts and life insurance, pass by beneficiary designation and do not follow your will. Review these after major life events (marriage, divorce, birth, or adoption) to keep them aligned with your plan.

Minimizing Taxes and Preserving Wealth

Texas has no state estate or inheritance tax, but the federal estate tax can apply to larger estates, and rules change over time. Strategies may include lifetime gifts, charitable giving, and using irrevocable or life-insurance trusts where appropriate. Coordinate with your attorney and tax professional.

Keeping Your Estate Plan Up to Date

A will is only one part of a complete Texas estate plan.

  • Healthcare documents—like HIPAA authorizations, advance directives, and Medical Powers of Attorney—protect your wishes during your lifetime.
  • Trusts, Statutory Durable Powers of Attorney, and updated beneficiary designations safeguard your finances and ease transitions.
  • Thoughtful tax planning and trust structures can preserve wealth for your family.
  • Regular reviews keep your plan current with life changes and Texas rules.

Key Takeaways

  • A will is only one part of a complete Texas estate plan.
  • Healthcare documents—like HIPAA authorizations, advance directives, and powers of attorney protect your wishes during your lifetime.
  • Trusts, durable powers of attorney, and updated beneficiary designations safeguard your finances and ease transitions.
  • Tax strategies and asset protection tools preserve wealth for your family.
  • Regular reviews keep your plan current with life changes and Texas laws.

Take the Next Step in Your Tyler Estate Planning

Estate planning is about protecting your wishes and easing burdens for the people you love. A complete plan ensures that your healthcare, finances, and legacy are handled in the way you intend. If you’re ready to create or update your estate plan, book a consultation today with Campbell Law Firm to start planning for peace of mind and security.

References: Forbes (Jan. 22, 2024): Be Sure You Have The Most Important Document In Every Estate Plan and Investopedia (Jan. 16, 2025): Estate Planning: 16 Things to Do Before You Die

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