Estate planning
Texas Will vs. Living Trust
A will and a living trust are not interchangeable. In Texas, a will directs probate. A funded revocable living trust can keep assets out of probate and help someone manage property if you become incapacitated. Many families use both, plus a Transfer on Death Deed for real estate.
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Key facts
- Will
- Names an executor and heirs. Takes effect at death. Typically filed in probate. Does not help during incapacity.
- Living trust
- Holds title to assets you retitle into it. A successor trustee can act without opening probate for those assets.
- Texas probate
- Independent administration is often more efficient than probate in other states — one reason many Texans start with a will.
- TODD
- Can keep a Texas house out of probate without creating a trust. It only covers that real estate.
- On this site
- You can prepare a will, TODD, and powers of attorney now. A living-trust questionnaire is not available yet.
Step by step
- 1
Decide what problem you are solving
Choosing heirs and an executor is a will problem. Avoiding probate of a house is often a TODD problem. Privacy, out-of-state land, or staged distributions lean toward a funded trust.
- 2
Cover incapacity separately
Neither a will nor an unfunded trust pays your bills if you are alive but incapacitated. Add a durable POA and a Medical Power of Attorney either way.
- 3
Start with the documents you can finish now
Prepare a Texas will and, if you own Texas real estate, a TODD. Work with a Texas attorney if you already know you need a funded living trust.
What each document is for
A last will and testament names an executor, describes gifts, and can appoint a guardian for minor children. It takes effect at death and is typically filed in probate court. It does not help someone pay your bills if you are alive but incapacitated — that is a durable power of attorney.
A revocable living trust is an entity you create to hold title to assets. If you fund it (retitle accounts and, often, execute a deed into the trust), a successor trustee can manage those assets without a probate opening. A pour-over will is still used to catch anything left outside the trust.
Probate is not always the enemy
Texas independent administration is often more efficient than probate in other states, especially for a straightforward estate. That is why some Texans start with a will, a TODD for the homestead, and beneficiary designations rather than a trust.
A trust is more useful when you want privacy, have out-of-state real estate, need staged distributions for beneficiaries, or want a single mechanism for incapacity and death. A trust that is never funded does not avoid probate.
What this site offers today
You can prepare a Texas Last Will and Testament, a Transfer on Death Deed, powers of attorney, health care documents, and guardianship declarations on this site now. A revocable living trust questionnaire is in development and is not yet available.
If you already know you need a funded living trust — for example because of a blended family, a business, or taxable-estate planning — work with a licensed Texas attorney. This comparison is general information, not a recommendation for your facts.
Frequently asked questions
- Is a will enough in Texas?
- For many people, a will plus a TODD, durable POA, and medical documents is a complete starter plan. It is “enough” only if you accept that remaining probate assets will go through the court process your will directs.
- Does a TODD replace a living trust?
- Only for the real estate it describes. A TODD does not manage bank accounts, investments, or incapacity. A trust is broader if it is properly funded.
- Can I have both a will and a trust?
- Yes. That is the usual design: the trust holds titled assets, and a pour-over will captures anything left in your name. Until a trust product is available here, you can still complete a standalone Texas will.
- Which should I start with on this site?
- If you want to choose heirs and an executor, start with the will. If you own Texas real estate and want that property to pass without probate, add a TODD. Add powers of attorney regardless of the will-versus-trust choice.
- Why do people in other states push trusts harder than Texans do?
- Probate is slower and more public in some states. Texas independent administration is often simpler, so a will plus a TODD and beneficiary designations can be a practical plan when the estate is straightforward.
Related Texas documents
- Texas Last Will and Testament
Create a Texas Last Will and Testament online. Learn the 2-witness signing rules, self-proving affidavits, and what a will does — then generate an attorney-reviewed Word document.
- Texas Transfer on Death Deed (TODD)
A Texas Transfer on Death Deed lets you name who receives your real estate at death, often without probate. Learn recording rules, then prepare a TODD online.
- Texas Durable Power of Attorney
Create a Texas durable power of attorney online so someone you trust can manage property and finances if you cannot. Learn hot powers, then generate the form.
Start with a Texas will or TODD
A living trust questionnaire is not available yet. You can still prepare a Last Will and Testament and a Transfer on Death Deed.
Texas Will & Trust provides document preparation software and is not a law firm. Nothing on this page is legal advice. Texas execution requirements (witnesses, notarization, and recording) still apply after you generate a file.