Estate planning
Wills vs trusts in Texas
Updated May 28, 2026
Wills and revocable living trusts both let you decide who receives your property, but they work in different ways, and neither is right for everyone. This page explains the general differences so you can have a more productive conversation with an attorney about your own situation.
How a will works
A will directs who receives your property at death, names an executor to carry out your wishes, and is the usual place to nominate a guardian for minor children. It has no effect until death, and it generally must be probated before it can transfer property.
In Texas, a will is usually signed by the person making it and two witnesses who are at least 14 years old. A self-proving affidavit, signed before a notary, lets the will be admitted to probate without the witnesses testifying. Texas also recognizes a will written entirely in the person's own handwriting and signed by them, even without witnesses. Once filed with the court, a will becomes a public record.
How a revocable living trust works
With a revocable living trust, you create a trust, usually serve as your own trustee, and transfer your assets into it during your lifetime. This transfer is called funding. You can change or revoke the trust at any time. When you die or can no longer manage your affairs, the successor trustee you chose takes over and manages or distributes the trust assets under the trust's terms, without probate for the assets the trust holds.
A few points are often misunderstood:
- A trust avoids probate only for assets that were actually transferred into it. An unfunded trust does little.
- A trust plan still includes a pour-over will to catch assets left outside the trust, and those assets may need probate.
- A revocable trust doesn't reduce your income taxes and doesn't protect your assets from your own creditors.
Side by side
| Feature | Will | Revocable living trust |
|---|---|---|
| Takes effect | At death | When signed and funded |
| Probate | Generally required to transfer property | Avoided for assets held in the trust |
| Privacy | Public once filed with the court | Generally private |
| If you become incapacitated | No effect; powers of attorney are needed | Successor trustee can manage trust assets |
| Upfront cost with us | From $750 | From $3,500 |
| Ongoing upkeep | Review and update periodically | Update periodically and keep new assets titled in the trust |
Probate in Texas is often simpler than people expect
Texas allows independent administration, in which an executor settles the estate with limited court supervision, and muniment of title, a streamlined option for some estates. Because of these options, avoiding probate matters more to some families than to others. See What probate is and when it's needed.
Other ways property passes outside probate
- Beneficiary designations on life insurance and retirement accounts
- Payable-on-death bank accounts and transfer-on-death brokerage accounts
- Joint accounts with a right of survivorship
- A Texas transfer on death deed, which names who receives real estate at your death and must be recorded before death
These designations generally control over your will, so they need to fit your overall plan.
Factors people often discuss with their attorney
- Whether they own real estate in more than one state
- How much privacy matters to them
- Planning for possible incapacity
- Blended families, or beneficiaries who shouldn't receive money outright
- Owning a business
- The cost now compared with the cost and effort later
Whether a will or a trust fits your situation depends on details like these, which is exactly what an attorney considers in a consultation. You can compare prices in our estate-planning fee schedule and read about how to become a client.
This is general information, not legal advice.