Will vs. Trust in Texas:
Which Does Your Family Need?
It's the #1 question in estate planning — and the answer depends on your family. Take our free 90-second quiz or read the complete comparison below. Written by a Texas attorney and fellow dad.
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Will vs. Trust: Which Does Your Family Need?
Answer 6 quick questions about your family and we'll show you which type of estate plan offers the best protection for your situation.
Head-to-Head Comparison
Will vs. Trust: Complete Texas Comparison
A straightforward, no-jargon comparison of every factor that matters. We're not trying to upsell you — just help you make the right choice.
Feature
📄 Will
🛡️ Trust
Probate Required?
Yes — goes through Texas probate court (6–18 months)
No — assets transfer immediately, no court involved
AdvantagePrivacy
Public record — anyone can see your assets, beneficiaries, and family details
Completely private — nothing filed with the court
AdvantageIncapacity Protection
None — only takes effect at death. Family may need court-appointed guardianship.
Built-in — your successor trustee takes over seamlessly if you're incapacitated
AdvantageCost to Create
Lower upfront ($1,500–$2,500 typical)
AdvantageHigher upfront ($3,000–$6,000 typical), but saves money long-term
Long-term Cost
Higher — probate fees ($5K–$50K+), attorney fees, court costs, delays
Lower — no probate costs, minimal administration fees
AdvantageSpeed of Asset Transfer
Months to years (after probate closes)
Days to weeks (trustee distributes per your instructions)
AdvantageProtection for Children
Names guardians, but assets go to children at 18 with no restrictions
Names guardians AND controls when/how children receive assets (age 25, 30, etc.)
AdvantageBlended Family Protection
Limited — can be contested; stepchildren may have no inheritance rights
Strong — clearly designates who gets what, harder to contest
AdvantageOngoing Maintenance
Should review every 3–5 years
Should review annually (Legacy Dad plans include annual reviews)
Texas Community Property
Default Texas rules apply — surviving spouse gets ½ community property
Full control — specify exactly how community property is handled
AdvantageProbate Required?
📄 Will
Yes — goes through Texas probate court (6–18 months)
🛡️ Trust
No — assets transfer immediately, no court involved
Privacy
📄 Will
Public record — anyone can see your assets, beneficiaries, and family details
🛡️ Trust
Completely private — nothing filed with the court
Incapacity Protection
📄 Will
None — only takes effect at death. Family may need court-appointed guardianship.
🛡️ Trust
Built-in — your successor trustee takes over seamlessly if you're incapacitated
Cost to Create
📄 Will
Lower upfront ($1,500–$2,500 typical)
🛡️ Trust
Higher upfront ($3,000–$6,000 typical), but saves money long-term
Long-term Cost
📄 Will
Higher — probate fees ($5K–$50K+), attorney fees, court costs, delays
🛡️ Trust
Lower — no probate costs, minimal administration fees
Speed of Asset Transfer
📄 Will
Months to years (after probate closes)
🛡️ Trust
Days to weeks (trustee distributes per your instructions)
Protection for Children
📄 Will
Names guardians, but assets go to children at 18 with no restrictions
🛡️ Trust
Names guardians AND controls when/how children receive assets (age 25, 30, etc.)
Blended Family Protection
📄 Will
Limited — can be contested; stepchildren may have no inheritance rights
🛡️ Trust
Strong — clearly designates who gets what, harder to contest
Ongoing Maintenance
📄 Will
Should review every 3–5 years
🛡️ Trust
Should review annually (Legacy Dad plans include annual reviews)
Texas Community Property
📄 Will
Default Texas rules apply — surviving spouse gets ½ community property
🛡️ Trust
Full control — specify exactly how community property is handled
Texas-Specific Guidance
What Every Texas Family Should Know
Texas has unique laws around community property, homestead protections, and probate that directly affect whether you need a will or trust.
Texas Is a Community Property State
This means most assets acquired during marriage are owned 50/50 by both spouses — regardless of who earned them. Without a trust, Texas law's default rules dictate what happens to community property. With a trust, you control the exact distribution.
Texas Has No State Estate Tax
Unlike many states, Texas does not impose its own estate tax. However, the federal estate tax exemption ($13.61M in 2024) may change. A trust provides flexibility to adapt as tax laws evolve.
Texas Homestead Protections Are Unique
Texas offers some of the strongest homestead protections in the country. Your home is exempt from most creditors. However, homestead rights for a surviving spouse can create complications if you don't plan properly.
Independent Administration Helps — But Isn't Enough
Texas does allow 'independent administration' during probate, which is simpler than other states. But even independent probate takes months, costs thousands, and becomes public record. A trust avoids probate entirely.
Real Family Scenarios
Which Scenario Looks Like Your Family?
Every family is different. Here are common Texas family situations and our honest recommendation for each one.
Young Family, First Home
Married couple, ages 30-40, 2 kids under 10, one home, retirement accounts, $500K–$1M total
Guardian designations for kids + trust controls when kids get assets + avoids probate + incapacity protection for both parents. The Kids Protection Plan alone makes this worth it.
Single Professional, No Kids
Age 25-40, renting, under $500K in assets, wants basic protection
Simpler situation calls for simpler plan. Will + powers of attorney + healthcare directive covers the bases. Can upgrade to trust later as assets grow.
Blended Family
Second marriage, children from previous relationships, combined assets
Without a trust, Texas law may not protect your children's inheritance. Your biological children could be left with nothing if your spouse remarries. A trust is NOT optional here.
Business Owner
Own an LLC or business, significant equity, employees or partners
Business succession needs to happen seamlessly. Probate could freeze business operations for months. A trust ensures continuity and protects both family and business.
High Net Worth Family
Over $3M in assets, multiple properties, investment accounts, RSUs/stock options
At this level, you need asset protection, potential tax planning, and sophisticated distribution strategies. A will alone would be irresponsible.
Empty Nesters
Kids are grown, house paid off, focused on retirement, want simplicity
Probate avoidance becomes more valuable as estate grows. Incapacity protection is critical as you age. A trust simplifies everything for your adult children when the time comes.
Myths vs. Reality
5 Things Most People Get Wrong
"Trusts are only for rich people."
Reality: A trust benefits any family that owns a home, has retirement accounts, or has minor children. In Texas, even a $300K estate can save $5K–$15K in probate costs with a trust. If you have kids, the protection features alone are worth it.
"My will takes care of everything."
Reality: A will only covers what goes through probate. It doesn't control life insurance, retirement accounts, or jointly-held assets. It doesn't protect you during incapacity. And it becomes public record — anyone can see your family's details.
"I'm too young to need a trust."
Reality: If you have kids, you need to control when and how they receive assets. A will gives everything to them at 18 — no restrictions. A trust lets you set age milestones (25, 30, 35) and conditions. Age has nothing to do with it.
"Creating a trust means I lose control of my stuff."
Reality: With a revocable living trust, you maintain 100% control. You're the trustee. You can add, remove, or change anything at any time. It's your stuff, managed the way you want — just with a better legal wrapper.
"Texas probate isn't that bad."
Reality: Texas independent administration IS better than many states. But it still takes 6-18 months, costs $5K–$15K+ in attorney and court fees, and everything becomes public. A trust avoids ALL of this — your family gets assets in days, not months.
Still Not Sure? Let's Figure It Out Together.
Your free Family Wealth Planning Session is 30 minutes via Zoom. We'll review your family's situation and tell you exactly what you need — no jargon, no pressure, no obligation. Even if you don't hire us.