Estate planning is serious business. But that doesn’t mean everything in your estate plan has to feel like a funeral dirge. Enter the Personal Property Memorandum, the unsung hero of Texas estate planning and the easiest way to prevent Thanksgiving from turning into a probate cage match.
What Is a Personal Property Memorandum?
In plain English, a Personal Property Memorandum is a written list—usually referenced in your Will or Trust (or both) —that says who gets your personal stuff. Not the house. Not the ranch. Not the brokerage account. We’re talking about the items that don’t show up on balance sheets but somehow cause the biggest arguments:
- Jewelry
- Firearms
- Family heirlooms
- Artwork
- Tools
- Furniture
- That vintage guitar you “were totally going to learn how to play”
Texas law allows you to handle these items outside the Will or Trust through a separate memorandum, which means you can update it without redoing your entire estate plan. Practical? Yes. Civilizing? Also, yes. See Texas Estates Code § 255.253.
Why This Matters More Than You Think
Here’s what we know from decades of Texas probate experience: People rarely fight over money. They fight over sentimental stuff.
Nobody goes to war over a Vanguard account. But Grandma’s wedding ring? Dad’s shotgun? The hand-carved cedar chest? That’s where family harmony goes to die.
A Personal Property Memorandum lets you decide—calmly, clearly—who gets what.
The Texas Angle (Because Of Course There Is One)
Texans have opinions. Strong ones. And often those opinions are attached to objects.
That belt buckle you won at the rodeo. Someone wants it.
The deer rifle that “has history”? Someone definitely wants it.
Grandmother’s wedding ring? Oh my – all the daughters and daughter in laws want it.
The cast-iron skillet that’s never been washed properly since 1978? It’s seasoned!
The Family Bible? This one may cause litigation.
Putting these items in writing avoids:
- Awkward sibling negotiations
- “But Mom promised me that” conversations
- A surprising number of long-term grudges
What You Can and Can’t Include
You can include:
- Tangible personal property
- Specific gifts to specific people
- Sentimental explanations (optional but recommended)
You cannot include:
- Cash
- Real estate
- Business interests
- Anything already titled or governed by a beneficiary designation
Think of it as the who-gets-the-stuff document—not the who-gets-the-money document.
Bonus: You Can Change It Anytime
Life changes. Relationships change. Kids mature. Grandkids change life some more. Thankfully, your Personal Property Memorandum is flexible. Many of my clients are asking the kids “what do you want when I die?” As much as the kids “don’t want to talk about it” if they choose now, it saves the nasty stares over your casket. AND you can update it as often as needed without calling your lawyer every time you buy a new piece of furniture or rethink who deserves the good china (hint: nobody wants china anymore).
Just remember: the most recent version controls, and it needs to be signed, dated and the “stuff” clearly identified.
Why Lawyers Love This Document (And Families Should Too)
If there is no Personal Property Memorandum, Texas law defaults to the Will or Trust—or worse, vague language contained in either like “divide equally.” That sounds fair until everyone decides they want the same items.
Executors are not mind-readers. A clear memorandum:
- Reduces executor liability
- Minimizes family disputes
- Keeps personal items out of probate court
- Saves time, money, and relationships
And yes, Texas probate judges see these fights all the time.
Final Thought
A Personal Property Memorandum has been included in all of our estate plans for decades but is often ignored. But we can tell you that completing a memorandum is one of the kindest things you can do for your family. It saves time, money, and family relationships—and keeps your loved ones focused on remembering you, not arguing over your stuff.
And if nothing else, it ensures that the right person gets the belt buckle.
That alone is worth it. If you would like copy of our new fillable Personal Property Memorandum call or email your attorney at Thrash, Carroll & Sanchez Law Group at 512-263-5400 or info@tcslawgroup.com.