Trusts vs. Wills in Texas
- Stephanie Fernald
- Jun 22
- 3 min read
When planning for the future, most Texans find themselves asking one big question:
“Do I need a will, a trust, or both?”
While both legal tools help you control how your assets are distributed after death, they work in very different ways. At BC Robertson Law, we guide individuals and families through the important decision of choosing between a trust, a will, or a combination of both.
Let’s break down the differences—and help you decide what’s best for your unique situation.
Trusts vs. Wills in Texas
What Is a Will?
A will is a legal document that outlines:
Who inherits your property
Who will care for your minor children
Who you want to manage your estate (executor)
A will only takes effect after your death and must go through probate—a court-supervised process where a judge validates the document and oversees the asset distribution.
Pros:
Easy and affordable to create
Allows you to name guardians for children
Clearly outlines your wishes
Cons:
Must go through probate (can be time-consuming and public)
Only takes effect after death
Offers no help if you become incapacitated
What Is a Trust?
A trust is a legal arrangement where you (the grantor) place your assets into a trust managed by a trustee. You can maintain control of those assets while alive, and upon your death or incapacity, the trustee manages and distributes them according to your instructions—without court involvement.
The most common type is a revocable living trust.
Pros:
Avoids probate entirely
Keeps your affairs private
Can manage assets during incapacity
Allows for more detailed, controlled distributions (e.g., for minor children or spendthrift heirs)
Cons:
More costly to set up
Requires funding (retitling assets into the trust)
Doesn’t allow you to name guardians (requires a will for that)
Trust vs. Will: Which One Do You Need?
The right answer often depends on your:
Age and life stage
Assets and property
Family dynamics
Desire for privacy and simplicity
Here’s a quick comparison:
Feature | Will | Trust |
Requires probate | ✅ Yes | ❌ No |
Controls asset distribution after death | ✅ Yes | ✅ Yes |
Effective upon incapacity | ❌ No | ✅ Yes |
Public or private | 🧾 Public record | 🔒 Private |
Name guardians for children | ✅ Yes | ❌ No (requires a will) |
Can be updated easily | ✅ Yes | ✅ Yes |
When You Might Need Both
In many cases, the best plan includes both a will and a trust:
Your trust handles the distribution of major assets privately and efficiently.
Your will serves as a backup (called a “pour-over will”) and names guardians for any minor children.
Together, they give you complete coverage—during life, in illness, and after death.
How BC Robertson Law Helps You Choose the Right Plan
We believe every Texan deserves a personalized, strategic estate plan—not a cookie-cutter document. At your initial consultation, we’ll:
✅ Evaluate your assets and family needs ✅ Discuss your goals for privacy, probate, and control
✅ Recommend the best estate planning tools for your future
✅ Offer flat-fee packages with no surprise costs
📌 Don’t leave your legacy to chance. Let us help you choose the right estate plan for your life, your family, and your values.
📅 Schedule your $50 estate planning consultation today with BC Robertson Law and gain clarity, confidence, and peace of mind.
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