The Myth of a Simple Will

“I just need a simple will.”

It’s one of the most common phrases we hear — often said with relief, as if simplicity itself guarantees safety.
But in estate planning, simple and sufficient are not the same thing.

A “simple will” can work in certain circumstances — no debt, one heir, and few assets. But for most families, life is more complicated than that. Homes have mortgages, children have blended families, and assets live partly online.
And when life is complex, simplicity can become risk.

The Illusion of Simplicity

The idea of a simple will appeals for good reason. It feels clear, inexpensive, and complete.
In theory, it names who gets what. In practice, it often leaves out the how.

Here’s what many “simple wills” miss:

1. Non-probate assets – bank accounts, insurance policies, or retirement funds that already have beneficiaries. These override your will entirely.
2. Digital assets – online accounts, cloud storage, and cryptocurrency wallets aren’t addressed at all.
3. Contingencies – what happens if a beneficiary dies before you?
4. Executor authority – vague or missing clauses that make probate longer and harder.
5. Tax implications – especially for larger or mixed-asset estates.

The will may look simple on paper, but the process it leaves behind can be anything but.

When Simple Becomes Costly

Let’s look at a real-world example — a case we’ll call The Johnson Estate.

Mr. Johnson left a short will downloaded online. It named his daughter as sole heir, left everything “to her outright,” and named no backup executor.
What seemed efficient quickly turned into confusion:

• The bank wouldn’t release funds without Letters Testamentary.
• His home title was outdated and listed a deceased spouse.
• An estranged son challenged the will’s validity because it wasn’t properly witnessed.

It took 14 months, three court hearings, and thousands in attorney’s fees to resolve.

Mr. Johnson didn’t do anything wrong — he simply didn’t know what questions to ask.

(Names and identifying details changed for confidentiality.)

The Legal Reality: A Will Is a Map, Not a Magic Wand

In Texas, a will doesn’t automatically transfer property.
It’s a roadmap that must still travel through probate — the court process that validates it and ensures debts are settled.
Even a perfectly written will doesn’t skip that step. It only makes the journey smoother.

That’s why lawyers sometimes recommend additional tools such as:

• Revocable living trusts (to avoid probate delays)
• Transfer-on-death deeds (for real estate)
• Payable-on-death designations (for bank accounts)
• Durable powers of attorney and medical directives (to protect you before death, not just after)

A “simple will” might name beneficiaries — but it won’t manage complexity.
Modern estates require modern maps.

(Read more in Probate Isn’t the Enemy to understand why this process exists — and how it can actually protect your family.)

Texas Law and the Limits of Simplicity

Under the Texas Estates Code, a valid will must be:

• Written
• Signed by the testator
• Witnessed by two people (or holographic if handwritten and signed)

That’s it — legally, a “simple” will might be enough to meet the minimum standard.
But the law’s minimum and your family’s peace of mind are not the same thing.

Texas courts handle thousands of disputes each year because someone relied on a will that was legally valid but practically vague.
Clarity isn’t just about legality — it’s about kindness.

The Emotional Cost of Oversimplification

Most people don’t set out to make things hard for their loved ones.
They want to spare them conflict, confusion, or extra cost.
Ironically, that’s exactly what a “simple” will often creates.

Without clear instructions, families are left to interpret intentions — and grief doesn’t make anyone a better communicator.
Arguments that could have been avoided in life become court filings in death.

Estate planning, done well, is an act of empathy. It’s a way of saying, I cared enough to think ahead.

(Explore this idea further in The Quiet Power of Planning Ahead.)

When a Simple Will Works (and When It Doesn’t)

It may work if:

• You have a single heir and no debts.
• You rent rather than own.
• You hold all assets jointly with a spouse.
• Your estate totals less than $75,000 and qualifies for a Small Estate Affidavit.

It probably doesn’t if:

• You have children from multiple relationships.
• You own property in more than one county or state.
• You expect disputes or estranged relatives.
• You want to control how or when assets are distributed.
• You have a business, investment property, or digital estate.

The best plan is rarely the simplest — it’s the one that fits your life as it actually is.

The Bottom Line

A will should make life easier for the people you love.
If “simple” achieves that, wonderful.
But if your life — like most — involves a mix of relationships, responsibilities, and real property, then a one-page form isn’t simplicity. It’s risk.

The real goal isn’t to write a will; it’s to build a plan.
And that plan deserves more than checkboxes and templates — it deserves thought, care, and expertise.

Closing Reflection

Good planning doesn’t complicate your life; it simplifies theirs.

A will, like a legacy, should reflect who you are and what you value.
When handled thoughtfully, estate planning isn’t a burden. It’s a final act of love.

Next in the Series

➡ Probate Isn’t the Enemy — understanding how probate protects families, not punishes them.
⬅ Back to What Happens When Someone Dies (and You’re Suddenly in Charge)
🏠 Return to The Human Side of Probate Hub

FAQs

• What makes a will legally valid in Texas?
• What happens if my will is handwritten?
• Can a simple will avoid probate in Texas?
• How do I include digital assets in my will?
• What happens if someone contests a will?