Welcome to Denton. Whether you’ve just closed on a home in Harvest, relocated for work in the North Texas corridor, or moved your family closer to UNT or TWU — you’ve found a city that’s welcoming new residents and new businesses every day. You’ve made a big move. Now it’s time to make sure your legal house is in order.

Moving to Texas isn’t just a change of address. Texas has its own estate planning laws, community property rules, homestead protections, and document requirements that may differ significantly from your previous state. This checklist covers the steps every new Denton resident should take.

1. Review or Create Your Will Under Texas Law

If you have a will from another state, don’t assume it works optimally in Texas. Texas courts will generally recognize a validly executed out-of-state will, but there are real gaps to address:

• Texas’s 2025 self-proving affidavit requirements may not be met by older out-of-state documents.
• Texas is a community property state — if you moved from a common-law property state, how your marital assets are characterized and distributed may be very different.
• Independent administration language — which streamlines Texas probate — may not be in a will drafted elsewhere.

No will at all? Creating one is your first priority. Without it, Texas intestacy law decides who inherits your estate.

2. Consider a Living Trust for Your Denton Property

A home purchase is often the trigger that makes a living trust genuinely worthwhile. In Denton County, where many residents own property in multiple areas — a primary residence, a lake house near Lewisville, investment property in Flower Mound or Argyle — a revocable living trust is especially practical. It avoids probate, keeps your plan private, and protects you if you become incapacitated. One important note: under Texas law, a living trust holding your primary residence must include specific qualifying language to preserve your homestead property tax exemption. Make sure your trust is drafted by an attorney familiar with this requirement.

3. Fund the Trust by Retitling Your Assets

A trust that isn’t funded won’t work as intended. Retitling your assets means:

• Real estate — your Denton County Deed transferring your property to your trust must be recorded in the Denton County Real Property Records
• Bank and investment accounts — update account titles at your financial institutions.
• Vehicles — use Texas Transfer on Death (TOD) titles or title directly in the trust.

Do not retitle IRA or 401(k) accounts into the trust — use beneficiary designations for
retirement accounts instead.

4. Update Your Beneficiary Designations

This step is critical and often overlooked by people who move states. Under Texas law, beneficiary designations override your will. An outdated form listing an ex-spouse or deceased parent can completely undermine your estate plan regardless of what your documents say. Review and update designations on all 401(k), IRA, and pension accounts, all life insurance policies, and any bank or investment accounts with POD or TOD designations. Name both primary and contingent beneficiaries on every account.

5. Execute Texas-Specific Incapacity Documents

Documents from another state may not be readily accepted by Texas healthcare providers or financial institutions. As a new Denton resident, having these Texas-specific documents in place is an important part of protecting yourself and your family:

• Statutory Durable Power of Attorney — manages financial affairs if you’re incapacitated. Texas law requires a specific statutory form, so documents from another state may not be sufficient.
• Medical Power of Attorney — names a healthcare agent to make medical decisions on your behalf.
• Directive to Physicians — tells your doctors what life-sustaining treatment you do or don’t want.
• Designation of Guardian — tells a court who you want (and don’t want) as your guardian if one is needed.

6. Name a Guardian for Your Children

If you have minor children, your will must explicitly name a guardian in the event both parents die or become incapacitated. Think carefully about who shares your values, is financially positioned to raise additional children, and whether you want the same person managing their inheritance or a separate trustee. Many Denton families also include detailed trust provisions governing when and how children receive their inheritance — tied to milestones like finishing college or reaching a certain age.

7. If You Own a Business, Address Succession

Denton has a vibrant entrepreneurial community. If you’re bringing a business to the area, your estate plan needs to address what happens to it if you die or become incapacitated — including buy-sell agreements with co-owners, business continuation life insurance, and LLC or shareholder agreement provisions governing ownership transfer.

Frequently Asked Questions

Is my out-of-state will valid in Texas?

Generally yes — Texas courts recognize wills validly executed under another state’s laws. However, your will may not take advantage of Texas-specific provisions and may not meet 2025 self-proving affidavit requirements or independent administration requirements. A review with a Denton estate attorney is a smart first step.

Does Texas recognize common-law marriage?

Yes. Texas recognizes informal marriages when a couple has agreed to be married, lives together in Texas as spouses, and holds themselves out as married. Common-law spouses have inheritance rights in Texas, though proving the marriage can be complicated — another reason formal estate planning matters for unmarried couples.

How soon after moving to Denton should I update my estate plan?

As soon as possible — ideally within your first few months. The moment you own a Texas home or become a Texas resident, Texas law begins to govern aspects of your estate. Don’t wait for a second life event to trigger the update.

You’ve worked hard to get here. Let’s make sure everything you’ve built is protected from day one. Leigh Hilton PLLC welcomes new Denton area residents and has offices in Denton, Bartonville, and Aubrey to serve you close to home. Call us at 940-387-8800, or reach out through our website and we will be in touch to schedule a time to meet.