Texas Estate Planning and Probate Forms

Disability Planning Forms • Disclaimer Forms

These forms are for use by licensed Texas attorneys only. They are offered as is, without warranty of any kind. Use these forms at your own risk.  For more forms, some of which may be out of date, visit the legacy Texas Probate Website at www.texasprobate.net.

 
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Disability Planning Forms

Here are the statutory disability planning forms to be used under current Texas law.

  • This is the form found in Texas Estates Code Section 752.051. It is an optional form -- a durable power of attorney does not have to be on the statutory form.

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  • This is the form found in Texas Health and Safety Code Section 166.164. Use of this form is mandatory -- the statutes do not permit use of a different form for medical power of attorney.

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  • This is the form found in Texas Estates Code Section 1104.204.

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  • The Texas Durable Power of Attorney Act permits third parties to ask the agent for a certification. This optional certification form is found in Texas Estates Code Section 751.203.

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  • This is the declaration found in Texas Civil Practices and Remedies Code Section 137.011.

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  • This is the form for Directive to Physicians and Family or Surrogates found in Chapter 166 of the Texas Health and Safety Code. The statute permits it to be signed before a notary with no witnesses or without a notary but with two witnesses. The forms below reflect these options.

    Notary — download Word document Notary — download pdf Witnesses — download Word document Witnesses — download pdf

 

Disclaimer Forms

These forms are based on the Texas Uniform Disclaimer of Property Interests Act.

  • This is an index to the forms in this directory which were drafted for use with the Texas Uniform Disclaimer of Property Interests Act.

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  • This is a compressed (zip) file containing all of the forms in this directory in Word format.

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  • Use this Word form to disclaim all property passing by will or intestacy and to send the disclaimer by certified mail to the personal representative of the estate.

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  • Use this Word form to disclaim a specific asset passing by will or intestacy and to send the disclaimer by certified mail to the personal representative of the estate.

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  • Use this Word form to make a pecuniary formula disclaimer of property passing by will or intestacy to send the disclaimer by certified mail to the personal representative of the estate.

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  • Use this Word form to disclaim all property passing by will or intestacy and to hand deliver the disclaimer to the personal representative of the estate.

    download Word document

  • Use this Word form to disclaim a specific asset passing by will or intestacy and to hand deliver the disclaimer to the personal representative of the estate.

    download Word document

  • Use this Word form to make a pecuniary formula disclaimer of property passing by will or intestacy and to hand deliver the disclaimer to the personal representative of the estate.

    download Word document

  • Use this Word form to make a full disclaimer of property passing by will or intestacy when no personal representative is then serving.

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  • Use this Word form to disclaim a specific asset passing by will or intestacy when no personal representative is then serving.

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  • A trustee may use this Word form pursuant to Section 240.0081 of the Texas Property Code to give notice of the trustee's intent to make a disclaimer.

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  • A beneficiary may waive his or her right to receive the trustee's notice of intent to disclaim by using this Word form.

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