Wills vs. Trusts in Texas: Which One Is Right for You?
- Briana Robertson
- Apr 24
- 4 min read
Updated: Apr 28
When it comes to planning your estate in Texas, one of the most common questions we hear is: Do I need a will or a trust?
The truth is, both legal tools have unique benefits depending on your family, financial goals, and future plans. At BC Robertson Law, we help Dallas/Fort Worth families choose the right path with clarity and confidence.
This estate planning guide breaks down everything you need to know about wills vs. trusts in Texas, including cost, probate, privacy, and asset control—plus real-life scenarios to help you decide what’s right for your family.
What Is a Will in Texas?
A Last Will and Testament is a legal document that outlines how you want your assets distributed after death. It can also name guardians for minor children and specify other important wishes.
Key Features of a Will:
Goes into effect only after death
Must go through probate court
Public record once filed with court
Names an executor to manage your estate
Allows for guardianship designations for children
✅ Best for: Individuals with modest assets, young parents who need to name guardians, or those starting with basic estate planning.
What Is a Trust in Texas?
A revocable living trust (often just called a “living trust”) is a legal arrangement where you transfer ownership of your assets into a trust while you’re alive. You can still control these assets, and the trust becomes the legal owner.
Key Features of a Trust:
Becomes effective immediately upon creation
Can bypass probate entirely
Keeps your estate private
Can manage assets during incapacity
Offers more control over how and when assets are distributed
✅ Best for: Individuals who want to avoid probate, protect their privacy, or provide for minor or special needs children.
Will vs. Trust in Texas: Side-by-Side Comparison
Feature | Will | Revocable Trust |
Goes Into Effect | Upon death | Immediately upon signing and funding |
Probate Required | Yes (mandatory in Texas) | No (if properly funded) |
Privacy | Public record | Private and confidential |
Cost to Set Up | Lower upfront cost | Higher upfront cost, lower after death |
Asset Control | Basic (single distribution at death) | Advanced (timed or conditional distributions) |
Used for Minor Children | Yes, can name guardians | Yes, plus can control asset management |
Planning for Incapacity | Limited | Strong—acts while you’re still alive |
Court Oversight | Required | Not required (with successor trustee) |
Real-Life Examples to Help You Decide
👨👩👧 Young Parents in Dallas
Jason and Maria are in their 30s with two kids under 10. They own a home, have a modest retirement fund, and want to ensure their children are cared for if something happens to them.
Best Option: A will that names guardians + possibly a trust for managing money until their kids reach adulthood.
💍 Blended Family in Fort Worth
Dan has remarried and has children from a previous marriage. He wants to provide for his new spouse but also ensure his children receive part of his estate.
Best Option: A revocable living trust offers control over who receives what and when—avoiding unintended disinheritance.
🧓 Retired Couple in Plano
Sally and Robert are retired with significant assets, including a home and multiple investment accounts. They want to avoid probate and maintain privacy for their family.
Best Option: A trust-based plan helps avoid probate, allows for healthcare and financial management if they become incapacitated, and keeps everything private.
Common Misconceptions About Wills and Trusts in Texas
❌ “I don’t need a trust unless I’m rich.”
Truth: A trust can help anyone avoid probate and provide structure for minor children or blended families—regardless of income level.
❌ “A will is all I need to avoid probate.”
Truth: In Texas, even a valid will must go through probate, which can be time-consuming and expensive.
❌ “Setting up a trust is too complicated.”
Truth: With the right legal guidance, it’s simple—and gives you peace of mind that your wishes will be honored.
When Should You Consider a Trust Over a Will?
Here are some signs that a trust may be better than a will for your Texas estate plan:
You want to avoid probate for your family
You own property in multiple states
You have minor or special needs children
You want to delay distributions until your heirs reach a certain age
You desire privacy about your assets and beneficiaries
When a Will May Be Sufficient
A simple will may be the right choice if:
You have limited assets
You want to name a guardian for minor children
You’re just starting out and plan to build your estate plan over time
You’re comfortable with your family going through probate
Final Thoughts: Will vs Trust Texas
There’s no one-size-fits-all answer in estate planning. But understanding the differences between a will and a trust in Texas is the first step toward protecting your loved ones and your legacy.
The best estate plans are tailored to your life, your family, and your values.
💬 Still Unsure?
At BC Robertson Law, we offer flat-rate estate planning services and strategy sessions to help you make the right decision—without the pressure or confusion.
📅 Schedule your $50 estate planning Consultation today. The fee will be applied to your services if you proceed with us.
👩⚖️ Serving Dallas, Fort Worth, and the surrounding Texas communities
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