Texas lawmakers recently approved several targeted changes to estate, trust, and guardianship law for 2025. These updates do not overhaul the entire system, but they do affect how wills get proved, how guardianships are supervised, and how courts handle estate administration. If you live in Dallas, Collin County, or nearby communities, the practical takeaway is simple: before 2026, review your will package, beneficiary designations, and any guardianship planning to ensure they comply with the new rules.
Courts now have clearer procedures for proving a will, transferring probate files between counties, supervising guardians, and addressing estate-related fraud. Understanding these changes helps you decide which documents deserve a closer look before the new year.
How 2025 Texas Estate Law Updates Affect Dallas Families
The State Bar of Texas recently summarized several bills from the 89th Legislature that directly affect decedents’ estates, guardianships, and trusts. Most of these laws took effect on September 1, 2025. For Dallas-area families, the most important themes involve communication, documentation, and court oversight.
Probate courts now rely more heavily on electronic delivery of orders and more detailed notice requirements. Guardianship statutes place extra duties on guardians to report changes and document spending. At the same time, lawmakers increased penalties for forging estate documents and moved forward with constitutional amendments that reinforce Texas’s long-standing position against estate and inheritance taxes.
Key 2025 Probate Code Updates for Wills and Estates
Several changes focus on decedents’ estates and the Texas Estates Code. Highlights include:
Courts now require statutory probate orders to be delivered through the statewide electronic filing system. Inventories must state whether the decedent was married at death, and only married decedents need a breakdown of separate and community property. When a case transfers to another court, the original will or paper copy filed with the clerk must be forwarded to the new court using qualified delivery methods. The law also clarifies that a copy of a will accompanied by a proper self-proving affidavit can make that copy “self-proved” for probate purposes. If a paper copy of a will is filed, the clerk must retain it the same way as an original.
For Dallas and Collin County families, these changes mean that clean paperwork matters more than ever. A will with a compliant self-proving affidavit gives your executor a smoother path if the original document cannot be located. Clear instructions on where the original is stored, along with high-quality scans of the signed will, reduce stress for loved ones who need to open probate quickly.
Guardianship Reforms Dallas and Collin County Families Should Understand
Guardianship laws also saw several adjustments. New provisions explain when courts may appoint a guardian ad litem, how conflicts of interest limit who may seek guardianship, and what duties guardians must report changes and document spending. The legislature clarified that certain people with adverse interests cannot apply to become guardians, request removal, or contest removal, which helps protect vulnerable wards from self-interested actors.
Courts must now enter an order approving or rejecting annual reports or accounts, and guardians face more detailed accounting requirements. In addition, guardians of older wards may have to complete annual training on aging, Alzheimer’s disease, and dementia, unless the court waives that requirement.
For families in North Texas caring for an incapacitated parent or adult child, these reforms reinforce the importance of choosing guardians who can handle paperwork and oversight. If your current plan relies on a relative who lives far away or struggles with detailed reporting, it may be time to revisit those designations.
Criminal Penalties and Constitutional Amendments That Touch Estate Planning
The legislature also stiffened criminal penalties for estate-related fraud. Forgery of a will, codicil, deed, or similar instrument now counts as a third-degree felony rather than a state jail felony. That change signals how seriously Texas treats tampering with estate documents.
Lawmakers also sent constitutional amendments to the 2025 ballot that would prohibit state-level estate, gift, or inheritance taxes and ban a state capital gains tax. Texas already does not impose its own estate tax, yet these measures would further lock in that policy. While these amendments operate at the constitutional level, they still matter for long-term planning because they reinforce the expectation that Texas will remain a “no death tax” state.
Estate Planning Steps to Take Before 2026 in the Dallas Area
The new laws give Dallas families a helpful checklist for year-end reviews. Before 2026 arrives, it makes sense to look at:
- Whether your will includes a modern, compliant self-proving affidavit would help if a copy needs to be used in probate.
- Where the original will is stored, who knows how to access it, and whether high-quality scans exist for your executor.
- Guardian choices for minor children and incapacitated adults, including whether those guardians can satisfy the new reporting and training requirements.
- Beneficiary designations on accounts, life insurance, and retirement plans, to ensure they match your written estate plan.
- Any outdated language in powers of attorney, medical directives, or trust instruments that may benefit from a refresh.
Thinking through these points now can save your family time, cost, and confusion if a court later needs to administer an estate or oversee a guardianship.
Talk with a Texas Estate Planning Lawyer About Updating Documents Before 2026
If you live in Dallas, Collin County, or anywhere in the wider Houston metro area and want to review your estate plan in light of the 2025 law changes, you can call McCulloch & Miller, PLLC at (713) 597-7176. The firm offers flat-fee planning and can help you update wills, trusts, and guardianship designations so your documents align with the latest Texas statutes and provide your family with a clear roadmap for the future.