| Read Time: 4 minutes | Estate Planning

Many believe creating a will is enough to plan for what happens before and after death. However, estate planning involves a broad range of tools and strategies designed to manage your property, finances, and healthcare decisions during your life and after. Understanding the difference between estate planning vs. a will—that a will is one component of a complete estate plan—enables you to make informed decisions as you plan. 

The guidance of experienced estate planning attorneys like those at Robbins Estate Law offers peace of mind and confidence that your estate plan does what you want it to do. Our attorneys work with clients to design estate plans tailored to their goals and circumstances. Reach out to speak with a member of the team today.

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Estate Planning vs. a Will

In short, the difference between estate planning vs. a will is that a will is one component of an estate plan. A will includes instructions for distributing your estate property through the probate process. Your estate plan also includes documents related to your health and finances in later life and assets that pass without needing the probate process.

Wills must go through probate to become effective, which can lead to delays in your loved ones receiving the property. Wills also do not control certain assets, like life insurance, living trusts, and retirement accounts with designated beneficiaries. They also only take effect after you die, so they do not address decisions about your healthcare or finances during your lifetime.

What is an Estate?

An estate includes everything you own at the time of your death, minus debts you owe and certain expenses. More specifically, what is an estate? An estate may include:

  • Real property—land, homes, and other physical structures;
  • Personal property—jewelry, vehicles, furniture, and collectibles;
  • Financial accounts—checking and savings accounts, retirement accounts, and investment portfolios;
  • Business interests—ownership interests in a business, such as shares or partnership stakes;
  • Intellectual property—trademarks, patents, copyrights, and trade secrets;
  • Life insurance proceeds—may be included, depending on the policy’s structure; and
  • Debts and obligations—mortgages, credit card balances, and other debts.

Understanding what your estate is helps you work with your lawyer more effectively, particularly when it comes to disclosing—and remembering—all of your debts and assets.

What Is a Will?

A will is a document with instructions for distributing your assets after death through probate. If you die without a will or with an invalid will, your loved ones have to distribute your assets according to state law. A valid will:

  • Specifies who different parts of your property should go to;
  • Allows you to select an executor to manage the probate process; and
  • Allows you to name a guardian for your minor children, if you have them.

A will is typically the core but not the entirety of an estate plan.

Valid Wills in Texas

In Texas, a will is typically valid only if:

  • In writing,
  • Signed by its creator (the “testator”) in the presence of two witnesses, and
  • Signed by both witnesses.

The testator must also be at least 18 years old and of sound mind, meaning they know what they are doing by creating a will. 

If your will does not meet these requirements, it can only be valid if signed and entirely handwritten by the testator or valid under the laws of the location where you created it.

The Probate Process

After you die, your loved ones take your will to a probate court to begin the property transfer process. Next, the probate court verifies the will is legally valid and appoints a personal representative, often the executor named in the will. The personal representative will then:

  • Notify interested parties (creditors, legal heirs, and beneficiaries) about the probate proceeding;
  • Inventory estate assets and debts;
  • Pay debts and taxes;
  • Distribute assets according to the will; and
  • Close the estate by filing a final accounting with the court.

During probate, the estate remains the legal owner of your property, and the probate process can take several months to over a year.

What Is Estate Planning?

Estate planning involves creating a comprehensive plan for managing your assets, healthcare, and other critical matters during your life and after your death. Estate planning often involves creating a will along with the following:

  • One or more trusts, which can bypass probate, providing privacy and efficiency;
  • Durable powers of attorney appointing someone to manage your medical treatment, financial affairs, or both if you become incapacitated;
  • Advance healthcare directives, like a living will, to outline your medical treatment preferences if you become incapacitated;
  • Updating beneficiary designations in life insurance policies, retirement accounts, and similar assets; and
  • Strategizing to minimize estate taxes and preserve more wealth for your heirs.

A will remains a foundational element of estate planning but is just one part of a broader plan.

Do You Need a Lawyer to Make a Will?

You do not strictly need a lawyer to make a will. However, asking whether you need a lawyer to make a will that gives you peace of mind gets to the heart of why you should hire one, anyway. Without the support of an experienced, knowledgeable attorney, you might: 

  • Create an invalid will;
  • Miss out on powerful tools like trusts and tax-saving strategies;
  • Overlook assets or debts, leading to an incomplete estate plan;
  • Leave your loved ones with confusing instructions, potentially causing legal disputes and inspiring familial conflict;
  • Fail to properly designate beneficiaries on financial accounts, potentially causing those accounts to pass contrary to your intentions; 
  • Neglect to update your plan in response to changes in life circumstances; and
  • Make mistakes when choosing your executor or trustee.

The team at Robbins Estate Law offers personalized legal services to address every aspect of estate planning. We provide financial insights, clear communication, compassionate support, and a commitment to guiding families through difficult times.

Begin Your Estate Planning Journey Today

Creating a comprehensive estate plan centered around a will, but not limited to it, is essential to protecting your loved ones, assets, wishes, and legacy. Through our collaborative approach, we work with you to tailor your plan to your life. Contact Robbins Estate Law to schedule a consultation and start planning today.

Author Photo

Kyle Robbins

Kyle Robbins is the founder and sole owner of The Law
Offices of Kyle Robbins. He received his J.D. with honors from the University of Texas School of Law and his B.S. in Food Chemistry and Microbiology from Oklahoma State University.

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