Wills vs. Trusts in Texas: What You Need to Know

Not sure if you need a Will or a Trust? You’re not alone. At FOREVER LEGAL, we help people across Texas make smart, confident choices about their future. Whether you’re building wealth, protecting your family, or sorting out your parent’s estate, understanding how Wills and Trusts work in Texas can help you take control. Without getting overwhelmed by legal jargon, this blog breaks everything down in plain English. We’ll show you how each option works, how they compare, and how to figure out what’s right for you.

What Is a Will in Texas?

Having a Will in place is one of the most straightforward ways to make sure your voice is heard after you’re gone. It gives your family direction. It keeps the court from guessing what you might have wanted. And in Texas, that clarity matters—because probate here isn’t something you want to leave open-ended.

Here’s what a Will must include to be valid in Texas—and how we make sure it’s done right.

Key Features of a Valid Texas Will

Who Can Create a Will in Texas?

Under Texas law, a person has the legal capacity to make a will if they are of sound mind and meet one of the following criteria at the time the will is executed:

They are 18 years of age or older.
They are married or have been married.
They are a member of the U.S. Armed Forces, a military auxiliary, or the United States Maritime Service.

What Makes a Will Legally Valid in Texas?

To be legally valid in Texas, a Will must meet these requirements:

It must be in writing.
It must be signed by either:
- The testator (the person making the Will); or
- Another person, in the testator’s presence and under their direction
It must be attested by two or more credible witnesses, each at least 14 years old, who sign the Will in the presence of the testator.

We guide you through every one of these steps—and we don’t just stop at legal compliance. We ask the hard but necessary questions: What happens if your named guardian moves away? Who manages money for a minor child? These aren’t one-size-fits-all answers, and we don’t treat your estate plan like a fill-in-the-blank worksheet.

How a Will Works Under Texas Law

When a will goes through probate, the court must formally validate that it is legally binding and enforceable—a process that is not always automatic. In Texas, the Executor you name in your Will must be approved by a judge. If any part of the document is vague or internally inconsistent, the probate process can become significantly prolonged. At FOREVER LEGAL, we do more than draft your Will—we craft it with precision to help reduce future court complications. That includes anticipating the needs of your Executor, ensuring the language is clear and compliant, and establishing contingency plans should your primary choice for Executor or guardian be unable to serve.

Understanding Trusts and How They Work

When people come to us asking about Trusts, it’s usually because they care deeply about protecting their loved ones and staying in control of what happens next. A Trust allows you to manage your assets during your lifetime while providing clear direction for how they should be handled in the future. That level of control becomes especially important when real estate, business interests, or unique family dynamics are involved. Let’s explore what trusts accomplish—and why they’ve become an essential estate planning tool for so many Texans.

What Is a Trust and Why Do People Use Them?

A Trust is a legal agreement that shifts how your assets are managed. Instead of waiting for the court to approve distributions (like they would with a Will), you name a Trustee—someone you trust—to handle things privately, on your terms.

Why people choose a Trust:

It avoids probate entirely—when properly funded, your assets pass without court involvement.
It keeps your affairs private—no public filings, no court records.
It offers structured control—like delaying inheritance until a child turns 25 instead of 18.
It protects you during incapacity—unlike a Will, a Trust can step in while you’re still alive.

A major reason we recommend a Trust is because it provides clarity and stability for your loved ones. No court hearings. No confusion over who’s in charge. No delays while expenses stack up. With a Trust, the important decisions are already made—our job is to help you clearly document them and ensure they’re carried out smoothly.

Types of Trusts in Texas

There are many ways to structure a Trust, but these are the core ones we use most often at FOREVER LEGAL:

Revocable Living Trust – You stay in control while you’re alive and can make changes as life shifts. This is great for avoiding probate without giving up flexibility.
Irrevocable Trust – Once created, it’s locked in. But that’s not a bad thing—it offers serious asset protection, and in some cases, helps with Medicaid eligibility.
Testamentary Trust – Created inside your Will, this type activates after your death. We usually use this when you want to leave assets for kids or someone with long-term care needs.

We don’t just set up Trusts and send you on your way. We ensure they’re properly funded by re-titling assets, transferring accounts, and guiding you step-by-step so your trust works exactly when your family needs it most.

Wills vs. Trusts: The Key Differences You Should Know

We often get asked: “Should I choose a Will or a Trust?” The truth is, it depends on what you want to accomplish. It’s not always about picking one—it’s about understanding the differences and knowing which option works best for your situation. Here’s a closer look at how these two options differ—and how we help you decide wisely.

Cost and Complexity of Setup. A Will is generally more affordable to draft. It’s quick to set up and works well for smaller, less complex estates. But the real costs show up after death—in probate fees, court delays, and legal support for your Executor. A Trust requires more effort upfront. There’s the planning, the document prep, the re-titling of assets. It’s a bigger lift—but it’s also a smoother landing. Your family avoids probate, your Trustee takes over immediately, and everything stays private. We walk clients through both scenarios in detail—because the right answer depends on how much control, privacy, and simplicity you want to leave behind.
What Does Probate Involve? Probate is a public, court-managed process. If you only have a Will, everything must be filed with the court. The judge authorizes your Executor to act. Creditors get a chance to make claims. And nothing can move forward until the court approves it. This process can easily stretch out for six months or more in Texas, especially if there are disagreements or missing documents. Trusts bypass all of that. There’s no need for court involvement. The Trustee you named simply begins managing the assets and following the instructions you left. This is why so many of our clients opt for Trusts—they want to spare their loved ones the extra time, cost, and public exposure.
Privacy, Timing, and Access to Assets. Here’s a detail people often overlook: your Will becomes public record during probate. Anyone can request a copy and see exactly what you owned and who received what. With a Trust, none of that is visible. Your financial details stay within your family. Timing also matters. Wills take time to execute. Trusts allow for immediate access. If you leave behind a mortgage, tuition bill, or urgent medical debt, your loved ones Will appreciate the difference. We help our clients think through these real-life moments—not just the legal theory—so their plan reflects not just their assets, but their values and timing needs too.

Which One Is Right for You?

No two families are exactly alike—and neither are their estate planning needs. Some people are just getting started and want the basics in place. Others need more control, more privacy, or more protection for the people they love. That’s why we don’t start with documents—we start with listening. Let’s break down which option might work best for you.

When a Will Might Be the Better Option

A Will works well if your estate is straightforward and you just want something solid in place:

You have a simple estate with minimal assets or only a few beneficiaries
You’re new to estate planning and need a foundational document to get started
You don’t own much real estate or all of your assets pass through beneficiaries (like life insurance or retirement accounts)
You want to name a guardian for your children in the clearest, most legally binding way

When a Trust Makes More Sense

Trusts give you a higher level of planning, especially if your life or assets are a little more layered:

You own multiple properties or have investments, rental income, or business interests
You want to avoid probate and give your family quicker, easier access to what they need
You have a blended family and want to make sure specific people receive specific assets
You’re concerned about privacy or want to reduce the chance of legal challenges after you’re gone

We’ve set up Trusts for families all over Texas—from professionals protecting assets to grandparents planning long-term care. It’s not about wealth—it’s about control, privacy, and peace of mind.

How Texas Law Affects Your Choice

Texas law has some very specific rules that can impact how your estate plan plays out. Even if your plan is solid, missing one key detail about how Texas treats property or probate could throw a wrench into things. That’s where we come in. We make sure your plan is built with Texas law in mind—so nothing gets lost in translation.

State-Specific Considerations to Keep in Mind

Here are a few legal facts that shape estate planning in Texas:

Community Property Rules. If you’re married, most assets acquired during the marriage are considered jointly owned—even if only one person’s name is on the title. That can impact how your estate is divided.
Homestead Protections. Your primary home June be protected from creditors under certain circumstances. That protection extends to surviving spouses and minor children, which is important to understand if your house is part of your estate plan.

Unfortunately, we see this situation more often than we should—someone passes away without a Will, a Trust, or any clear instructions. In these cases, the State of Texas steps in and applies its intestacy laws, which offer no room for customization or personal wishes.

Here’s what that can look like:

A judge distributes your assets according to a fixed legal formula—regardless of personal relationships, promises, or intentions.
Your loved ones June face a lengthy and stressful legal process, especially if there are disputes or unclear property ownership.
The result June not reflect what you would have wanted—particularly for unmarried partners, stepchildren, or close friends who aren’t legally recognized.

We’ve walked families through these kinds of cases, and the stress is real. That’s why we always say—even a basic plan is better than none. It gives you a voice. It gives your family direction. And it gives you options.

Combining Wills and Trusts for a Stronger Estate Plan

Here’s something most lawyers don’t say upfront: a complete plan usually includes both a Will and a Trust. And here’s why.

A Trust handles most of your estate—your property, your accounts, your assets—privately and without probate.
A “pour-over” Will backs it up, just in case something was left out of the Trust or you need to name guardians for your children. Think of it like double coverage. If the Trust is the engine, the Will is the safety net.

FAQ SUMMARY

Do I still need a Will if I already have a Trust?
Yes, we almost always recommend having both. While a Trust manages your primary assets, a Will serves as a safety net for any property not transferred into the Trust.
Will a Trust keep my family out of probate court?
When properly established and funded, a Trust allows your designated Trustee to manage your assets privately and without the delays of probate court. This is a primary reason many of our clients choose trusts. We ensure your Trust is set up effectively, so it performs as intended when the time comes.
Can I make changes to my Will or Trust later?
Absolutely. Life evolves, and your estate plan should reflect those changes. Both Wills and revocable Trusts can be updated. We advise clients to review their plans periodically and after significant life events, and we’re always here to help guide those updates correctly.

Final Thoughts: Don’t Leave It to Chance

You don’t need to know all the legal answers—that’s our job. What matters is that you take the first step to put a clear, workable plan in place. Whether a Will, a Trust, or both makes the most sense for you, we’ll help you figure that out. We’ll explain your options in plain language, make sure everything fits your life, and give you the tools to protect what matters most. At FOREVER LEGAL, we take estate planning seriously because we’ve seen what happens when it’s ignored. Let’s not wait for a crisis. Let’s get ahead of it. Let’s build a plan that gives you peace of mind and puts your family in the strongest position possible. To learn more, we invite you to schedule a consultation with FOREVER LEGAL by visiting our consultation page. Our mission is to deliver personalized, sophisticated advocacy designed to address your unique needs. We encourage you to stay informed about our latest insights and updates by subscribing to our mailing list. Additionally, explore our Resource Center for comprehensive, downloadable Elite Guidebooks on business law, probate and estate planning, and guardianship law.

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