Updating Your Will After Divorce in Texas

Why you should update your will after a divorce in Texas

In Texas, divorce automatically revokes any provisions in your will that name your former spouse. Under Texas Estates Code § 123.001, any part of your will that designates your ex-spouse as a beneficiary, executor, or trustee is treated as if your ex-spouse died before you. But that automatic revocation only goes so far. You still need to update your will to protect your children, name new fiduciaries, and make sure your estate plan reflects your new reality.

At Varghese Summersett, our family law team has guided hundreds of clients through divorce and the legal steps that follow. With more than 70 team members and four offices across Texas, including attorneys who handle estate planning alongside family law, we understand how divorce changes your entire legal picture.

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What Does Texas Law Automatically Change in Your Will After Divorce?

When your divorce is finalized, Texas law steps in and revokes specific parts of your will that involve your former spouse. Under Texas Estates Code § 123.001, the following provisions are treated as though your ex-spouse predeceased you:

• Any designation of your ex-spouse as a beneficiary of your estate
• Any appointment of your ex-spouse as the executor of your will
• Any appointment of your ex-spouse as a trustee of a trust created under your will
• Any grant of a general or special power of appointment to your ex-spouse

This revocation happens automatically. You do not need to file any paperwork or appear in court for it to take effect. However, this only applies to your will. It does not automatically change beneficiary designations on life insurance policies, retirement accounts, or other financial instruments.

Why Should You Still Update Your Will After Divorce?

Even though Texas law removes your ex-spouse from your will, that alone does not create a complete estate plan. Several gaps remain that only a new or amended will can address.

Protect Your Children’s Inheritance

If your will left everything to your ex-spouse with the expectation they would provide for your children, that plan no longer works. You may want to establish a trust for your children to provide financial stability and appoint a trusted person to manage those assets until your children reach adulthood.

Name a New Executor and Trustee

Your ex-spouse can no longer serve as your executor or trustee. If you do not name a replacement, the court will appoint someone. That person may not be who you would have chosen. Updating your will lets you decide who manages your estate and carries out your wishes.

Update Your Beneficiaries

Divorce often changes who you want to inherit from your estate. You may want to add new beneficiaries, adjust how assets are distributed, or ensure certain people are provided for. A new will makes your intentions clear.

Prevent Legal Challenges

An outdated will is easier to challenge in court. Family members or your ex-spouse could argue about your true intentions. A clearly written, up-to-date will reduces the chance of disputes and protects your wishes.

What Other Estate Planning Documents Should You Update After Divorce?

Your will is not the only document affected by divorce. Failing to update these additional documents can lead to serious, unintended consequences.

Beneficiary Designations on Retirement Accounts and Insurance Policies

Life insurance policies, 401(k) plans, IRAs, and other financial accounts pass to whoever is listed as the beneficiary, regardless of what your will says. If your ex-spouse is still named on these accounts, they may receive those assets even after divorce. You should contact every financial institution and insurance company to update your beneficiary designations.

Powers of Attorney and Advance Directives

If your ex-spouse holds your power of attorney or is named in your advance directive for health care decisions, those documents should be revised immediately. You need to appoint someone you trust to make financial and medical decisions on your behalf if you become incapacitated.

Tax Implications

Divorce changes your tax filing status and can affect your estate’s tax exposure. An experienced attorney can help you structure your estate plan to minimize tax burdens on your beneficiaries. This is especially relevant if your divorce involved the division of significant assets.

Take the first step toward resolution. Call Varghese Summersett at (817) 203-2220 to discuss updating your will and estate plan after divorce.

What Must Be Established to Update a Will in Texas?

Texas law sets specific requirements for creating or amending a valid will. Under Texas Estates Code § 251.001, the person making the will (called the testator) must meet these requirements:

• Age: The testator must be at least 18 years old, or be lawfully married, or be a member of the armed forces.
• Sound mind: The testator must have testamentary capacity, meaning they understand the nature of making a will, the extent of their property, and who their natural beneficiaries are.
• Writing: The will must be in writing.
• Signature: The testator must sign the will, or direct another person to sign on their behalf in the testator’s presence.
• Witnesses: The will must be signed or acknowledged by the testator in the presence of at least two credible witnesses who are at least 14 years old. The witnesses must sign the will in the testator’s presence.

Texas also recognizes holographic (handwritten) wills under Texas Estates Code § 251.052. A holographic will must be entirely in the testator’s handwriting and signed by the testator. No witnesses are required. However, holographic wills are more vulnerable to challenges and are generally not recommended when an attorney is available.

There is no formal burden of proof placed on one party in the process of creating a new will. However, if a will is later contested in probate court, the person offering the will for probate must prove it meets all statutory requirements by a preponderance of the evidence. Common grounds for challenging a will include lack of testamentary capacity, undue influence, fraud, or improper execution.

How Do You Update Your Will After Divorce in Texas?

Updating your will after divorce involves several steps. Working with an attorney ensures nothing is overlooked.

Step 1: Review Your Current Will

Go through your existing will carefully. Identify every provision that names your ex-spouse or that needs to change because of your new circumstances. Look at beneficiary designations, executor appointments, trustee designations, and any specific bequests.

Step 2: Consult with a Family Law Attorney

An attorney who handles both family law and estate planning can help you understand how your divorce affects your estate plan. They can identify issues you might miss and ensure your new documents comply with Texas law.

Step 3: Draft a New Will or Codicil

You can either create an entirely new will or add a codicil (a formal amendment) to your existing will. In most cases after divorce, drafting a new will is the cleaner approach. It eliminates any confusion about which provisions are still in effect.

Step 4: Execute Your New Will

Sign your new will in the presence of at least two witnesses who are at least 14 years old. Consider making it a self-proving will by also signing an affidavit before a notary. A self-proving affidavit allows the will to be admitted to probate without requiring witness testimony.

Step 5: Store Your Will Safely

Keep your new will in a secure location such as a fireproof safe or with your attorney. Tell your executor and other trusted people where to find it. Do not store your will in a safe deposit box, as accessing it after your death can be difficult for your family.

How Can You Revoke a Will in Texas?

Under Texas Estates Code § 253.001, you can revoke a will in three ways. First, you can create a new will or codicil that explicitly revokes the previous will. Second, you can physically destroy the will (by burning, tearing, or obliterating it) with the intent to revoke it, either personally or by someone acting at your direction and in your presence. Third, as discussed above, divorce or annulment automatically revokes provisions related to the former spouse.

What Happens If You Die Without a Will in Texas?

If you die without a valid will, Texas intestacy laws determine how your estate is distributed. Under Texas Estates Code § 201.001-201.003, your assets are divided among surviving relatives based on their relationship to you. For divorced individuals with children, this typically means your children inherit your estate. But the distribution may not match what you would have chosen, and the court appoints an administrator rather than an executor you trust.

Can a Divorced Spouse Inherit in Texas?

No. After a divorce is finalized, your ex-spouse cannot inherit under your existing will. The provisions naming them are automatically revoked under Texas Estates Code § 123.001. If you want your ex-spouse to receive something from your estate (which is rare but possible), you would need to create a new will after the divorce that specifically names them.

Is a Will From Another State Valid in Texas?

Generally, yes. A will that was validly executed under the laws of the state where it was created is usually recognized in Texas. However, if you have moved to Texas after your divorce, you should consult with a Texas attorney to confirm your will complies with Texas requirements and to address any potential probate issues.

What to Expect From Varghese Summersett

When you work with Varghese Summersett’s family law team, you get more than legal advice. You get attorneys who understand the emotional and financial weight of divorce and the steps you need to take afterward to protect yourself and your family.

Our team includes attorneys with specific experience in estate planning alongside family law. We review your full legal picture, including your will, trusts, beneficiary designations, powers of attorney, and advance directives, to make sure everything aligns with your post-divorce goals. We take the time to explain your options in plain language so you can make informed decisions about your future.

With four offices across Texas in Fort Worth, Dallas, Houston, and Southlake, we are accessible wherever you are. Our team is known for responsive communication, thorough preparation, and compassionate representation during some of life’s most difficult transitions.

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Frequently Asked Questions About Updating Your Will After Divorce in Texas

Protect Your Family’s Future After Divorce

Divorce changes everything, including your estate plan. The family law attorneys at Varghese Summersett can help you update your will, revise beneficiary designations, and make sure your estate plan protects the people who matter most. Call us today at (817) 203-2220 or contact us online to get started.