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Wills vs. Trusts in Texas: Which One Do You Really Need?

Wills vs. Trusts in Texas

When it comes to estate planning, one of the most common questions we hear at BC Robertson Law is, “Do I need a will, a trust, or both?”  The answer depends on your unique situation, your goals, and how you want to protect your family and assets.

In this guide, we break down the differences between wills vs. trusts in Texas and help you understand which option—or combination—might be right for you.


Understanding Wills and Trusts: The Basics

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 serve as executor of your estate.

Wills go into effect only after you pass away and must go through probate in Texas.

What is a Trust?

A trust is a legal entity that holds and manages your assets for your beneficiaries. Trusts can:

  • Go into effect during your lifetime (living trust) or after death (testamentary trust).

  • Help you avoid probate.

  • Provide ongoing management for assets.



Wills vs. Trusts in Texas: Key Differences

Feature

Will

Trust

Goes Into Effect

After death

During lifetime (if living)

Probate Required?

Yes

No (if assets are properly titled)

Privacy

Public record

Private

Incapacity Protection

No

Yes (if living trust)

Ongoing Management

No

Yes

Pros and Cons of Each

✅ Pros of Wills

  • Simple and inexpensive to create.

  • Allows you to name guardians for minor children.

  • Suitable for individuals with modest estates.

❌ Cons of Wills

  • Requires probate.

  • Public record of your estate.

  • No protection if you become incapacitated.

✅ Pros of Trusts

  • Avoids probate, saving time and costs.

  • Provides privacy for your estate.

  • Manages assets during your lifetime and after.

  • Useful for blended families, special needs planning, or larger estates.

❌ Cons of Trusts

  • More expensive to set up initially.

  • Requires ongoing management to fund and maintain.

Which One Do You Need?

✅ Choose a Will if:

  • You want a simple plan for asset distribution.

  • You have minor children and need to name guardians.

✅ Choose a Trust if:

  • You want to avoid probate and keep your estate private.

  • You own property in multiple states.

  • You have complex family dynamics or a larger estate.

  • You want to provide for a loved one with special needs.

✅ Consider Both if: Many Texans benefit from having both a will (to name guardians) and a trust (to manage assets and avoid probate).


Mistakes to Avoid

❌ Relying on DIY legal forms that don’t meet Texas requirements.

❌ Forgetting to fund your trust (an unfunded trust won’t avoid probate).

❌ Failing to update your plan after major life changes.


Choosing between a will and a trust doesn’t have to be overwhelming. At BC Robertson Law, we’ll guide you through every step to create a plan tailored to your goals and your family’s needs.

📞 Call us at 214-432-5972 or schedule your estate planning consultation online.

Your peace of mind is just one conversation away.




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